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BCRUA_R-21-10-20-7B RESOLUTION NO, R-21-10-20-71) WHEREAS, the Brushy Creek Regional Utility Authority (`BCRUA") desires to enter into an Interlocal Agreement with the Village of Volente,Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: Subject to Volente's approval of the Interlocal Agreement, and subject further to the prior approval of all permits, variances, and submissions required for the construction of the BCRUA Project and Roadway Improvements, the President is authorized to execute the Interlocal Agreement on behalf of the BCRUA, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, RESOLVED this 20th day of October, 2021. I NACOLE THOMPSON, President Brushy Creek Regional Utility Authority ATTEST: REN ' FLORES, Secret' hups'-rounJrock1cxas sharepoun comisi(es AdmmistrauonR)epartment hlesSCRL'.VBoard Aackets(Packet Dmument5202 U1020209-711 Res BCRUA-11 A w-the village or Volenle 10048409&AOUS)doc �--�V. 4 INTERLOCAL AGREEMENT BETWEEN THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. AND THE VILLAGE OF VOLENTE This Interlocal Agreement ("ILA") is made by and between the Brushy Creek Regional Utility Authority, Inc. ("BCRUA"), a local government corporation of the State of Texas, created and existing under the laws of the State, including Subchapter D of Chapter 431 as amended, Texas Transportation Code, and created by the City of Cedar Park,Texas, the City of Leander,Texas, the City of Round Rock, Texas all home-rule municipalities and political subdivisions of the State, (individually the "City"; collectively the "Cities") and the Village of Volente, Texas ("Volente" or "Village"), a Texas Type-B, general-law municipality. The BCRUA and Volente are together referred to herein as the"Parties." In consideration of the mutual covenants and agreements herein contained,the sufficiency of which are hereby conclusively acknowledged,and subject to the terms and conditions hereinafter set forth, the BCRUA and Volente now wish to set forth their agreement regarding the design, construction, and operation of the System (as defined in Article I), as set forth below: ARTICLE I DEFINITIONS "BCRUA" means the Brushy Creek Regional Utility Authority, a local government corporation created by the home rule cities of Cedar Park, Leander, and Round Rock to provide a dependable and adequate supply of treated water to their citizens. "BCRUA Project" means the Maintenance Building (Exhibits BA and B.2), Intermediate Drop Shaft (Exhibit C), Piezometer Borings (Exhibit E), and portions of the Tunnel (Exhibit D) to be constructed within the Village of Volente. "Intake Facility" means the deep-water intake shaft and Tunnel for the purpose of accessing raw water from Lake Travis. "Intermediate Drop Shaft" means the drop shaft to be constructed on a temporary construction easement at Lime Creek Road and West Drive to convey concrete to the Tunnel below to facilitate construction of the cast-in-place concrete liner. The drop shaft will be capped and abandoned at completion of the Tunnel. (Exhibit C) "Maintenance Building" means the maintenance building to be constructed at 16621 Jackson St. on Site 4, used solely for the operation and maintenance of the Intake Facility. "Ordinances" or"Code of Ordinances" means the ordinances of the Village of Volente. "Piezometers" or "Piezometer borings" means the geotechnical borings installed in 2015 and located in the right-of-way and used to measure water levels in the Glen Rose(Exhibit E). Borings are to be capped and abandoned at completion of project. 00484310 if® "Pumping Facility" means the pumps, buildings, and related facilities to be constructed and operated on Site 8 for the purpose of pumping raw water to the Treatment Plant. "Roadway Improvements" means the required improvements to the Bernard/Sherman right-of- way, the Sherman.'Lime Creek Road right-of-way and the extension of Jackson Street. "Site 4" means the tract of land described in Exhibit A owned by the BCRUA in Valente on which Maintenance Building will be constructed. "Site 8" means the tract of land owned by the BCRUA on which the Pumping Facility will be constructed. "System" means the BCRUA Project, Intake Facility and Pumping Facility. "Tunnel" means the underground tunnel for the raw water transmission line between the Intake Facility and the Pumping Facility, which will cross under Lime Creek Road at approximately the following locations: 23+50,27+00 and 31+00 near Sandy Creek Marina; 37100 approximately 0.3 miles north of the intersection of Lime Creek Road and West Drive along Lime Creek Road; and 49,50 approximately 0.1 miles south of the intersection of Lime Creek Road and West Drive along Lime Creek Road. The path of the Tunnel is generally shown in Exhibit D. "Volente" or"Village" means the Village of Volente, a Texas Type B, general law city. ARTICLE II BCRUA'S ACKNOWLEDGMENTS AND REPRESENTATIONS 2.01. BCRUA acknowledges and agrees that Volente has a legitimate governmental interest in protecting the public health, safety, and welfare of its citizens by regulating development and operations in the Village city limits. In furtherance of the aforesaid interest, Volente's Ordinances regulate development within the Village city limits. With respect to the design, construction, and operation of the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometer borings, the Roadway Improvements, and Tunnel, BCRUA agrees to deal with Volente in good faith with respect to complying with the applicable development regulations of Volente as set forth in the Ordinances and this ILA. 2.02. The Texas Commission on Environmental Quality("TCEQ")has authorized a restricted zone of 100 feet radius from the raw water intake works and all recreational activities and trespassing are prohibited in this area. 2 ARTICLE III VOLENTE'S ACKNOWLEDGMENTS AND REPRESENTATIONS 3.01. Volente acknowledges that BCRUA has determined that the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometers, the Roadway Improvements, and Tunnel are critical components of the System to access raw water in Lake Travis in order to provide drinking water to the Cities. Volente acknowledges that Site 4 is the agreed location for the Maintenance Building. Volente further understands that the Intermediate Drop Shaft will be located on a temporary construction easement and that Piezometers installed in 2015 are located in the Lime Creek Road right-of-way and that the Tunnel will be constructed in part within the Village's city limits. With respect to the design, construction and operation of the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometers, Roadway Improvements, and the Tunnel, Volente agrees to deal with the BCRUA in a reasonable fashion and in good faith with respect to imposing and enforcing the Ordinances. 3.02. Volente acknowledges that BCRUA changed the location of the Pumping Station to Site 8 in consideration of and in reliance on Volente's agreement to allow the BCRUA to construct the Intake Facility, Maintenance Building and portions of the Tunnel within Volente. 3.03. Volente acknowledges that the BCRUA has modified the project design to remove the Monitoring Wells and will construct the Intermediate Drop Shaft on a temporary construction easement in lieu of the Lime Creek Road right-of-way. ARTICLE IV COVENANT OF GOOD FAITH AND FAIR DEALING BCRUA and Volente each agree and covenant to deal with each other honestly, fairly, and in good faith, so that they can discharge their respective duties to protect the public health, safety, and welfare of their respective citizens. ARTICLE V USE, MAINTENANCE AND REPAIR OF ROADWAYS 5.01. BCRUA agrees that the delivery, staging and construction activities related to the Pumping Facility and Intake Facility will be conducted outside of the Village city limits. 5.02. BCRUA and Volente agree to a Joint Pre-construction Condition Assessment of roads to be utilized for the BCRUA Project during the construction of the Maintenance Building, Intermediate Drop Shaft, Piezometers, Roadway Improvements, and Tunnel, by a mutually agreed upon third party. 5.03. During the construction phase, BCRUA agrees to repair any damage or loss directly and solely caused by vehicles or construction equipment utilized for the BCRUA Project or Roadway Improvements within sixty (60) calendar days of inspection by BCRUA or notification of damage by Volente,oras soon as necessary to resolve an imminent threat to health,safety,or property. BCRUA agrees to promptly report any such damage or loss to the Village. "Repair"includes replacement or fair compensation for missing or unusable property of any nature. Notwithstanding the foregoing, if the i Village reasonably determines that a failure of BCRUA to properly repair the public right-of-way constitutes a safety hazard to the public, the Village may undertake emergency repairs and restoration efforts. BCRUA shall reimburse the Village for all reasonable cost incurred by the Village within thirty (30)calendar days from the date of the Village invoice. 5.04. At the time of the completion of the BCRUA Project and Roadway Improvements, there shall be a Post-Construction Condition Assessment with BCRUA and Village representatives. This is to perform a joint assessment of post-construction road conditions and recommend a course of action to repair any damage directly and solely caused by vehicles or construction equipment utilized for the BCRUA Project and Roadway Improvements to return said roads to the condition determined at the Pre-construction Condition Assessment. 5.05. Within one hundred and twenty (120) calendar days of completion of the BCRUA Project, BCRUA agrees to repair any damage directly and solely caused by vehicles or construction equipment utilized for the BCRUA Project. BCRUA agrees to provide or cause to be provided the Village with a two-year warranty bond for said repairs, including replacements. 5.06. BCRUA will construct an extension of Jackson Street from the terminus of Bernard Street to the boundary of BCRUA's property and install sufficient paving to allow a turning radius for emergency service vehicles as approved by the Fire Marshall and as generally show on Exhibit H. Further, BCRUA will pave the portion of Shermam`Bernard right-of-way shown in Exhibit F and the portion of Sherman-time Creek Road right-of-way shown in Exhibit G. 5.07. BCRUA has agreed to modify its project design to contemplate the extension of the Bernard Street cul-de-sac and expansion of the existing roadway pavement at Bernard Street and Sherman Street in order to provide the necessary ingress and egress for the project. ARTICLE VI TRAFFIC AND CONSTRUCTION 6.01. At least 30 days prior to the mobilization, BCRUA shall provide the Village a Traffic Management Plan ("TMP") which shall be developed to assist with the mobility, safety, and construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. The Traffic Management Plan will establish the practices for traffic attributable to the BCRUA Project and Roadway Improvements occurring within Village city limits both day and night. The TMP will be developed with the following objectives and parameters. 6.02. The TMP's objectives are to: a. Provide appropriate transitions into BCRUA Project work sites within Village city limits with focus on providing efficient traffic flow; b. Protect personnel and road users from potential harm; and c. Establish the minimum traffic management levels including any reviews necessary resulting from changing traffic conditions during construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. 4 6.03. BCRUA shall include or establish in the construction contract documents for the BCRUA Project ("Construction Contract Documents") at a minimum the following: a. A documented process for preparation, review and approval for revisions or alterations of the TMP; b. Traffic Control Plans (TCP), specific to the undertaking of each phase of the construction in accordance with the Texas Manual of Uniform Traffic Control Devices; c. Haul routes identified for construction; d. No construction or hauling traffic shall be permitted after 6:00 PM and before 7:00 AM, anytime on Sundays, or during nationally recognized holidays; e. The contractor will be required to provide the means of removing mud from vehicle wheels before entering public streets,and to remove mud and dirt tracking onto the roadway upon discovery; f. Loose trash and debris must be disposed of properly offsite; and g. Pre-construction photos documenting conditions of right-of-way and each road to be used by the contractor shall be provided to the Village City Secretary before work begins. 6.04. The TMP shall include at a minimum the following: a. Contact information, including after hours, of the Contractor Project Manager, BCRUA Project Manager, Onsite Project Engineer, emergency services and other identified stakeholders. 6.05. BCRUA and all of BCRUA's Contractors and Subcontractors performing work related to the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits agree to comply with the terms and conditions of the TMP throughout the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. 6.06. Hauling from the Site 8 shall be along Lime Creek Road to the North. Site 8 spoils shall not be hauled on Lime Creek Road within the Village city limits. 6.07. BCRUA shall take delivery, stage and construct all sections of the Intake Facility outside the Village city limits. BCRUA agrees to remove spoils, transport large equipment and sections of the intake Facility via barge. 6.08. Except as provided below, BCRUA agrees that no concrete or ready-mix trucks may queue or idle on the public right-of-way within the Village limits with the exception of: a. Up to two (2) concrete trucks used to grout the Tunnel at the Intermediate Drop Shaft temporary construction easement. Trucks must stage on the Intermediate Drop Shaft temporary construction easement.Trucks shall enter from the North and depart to the North; and b. during construction and erection of Maintenance Building. 5 ARTICLE VII SAFETY AND REPORTING 7.01. BCRUA agrees to provide to the Village 24-hour emergency contacts during the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. While construction work is actively proceeding, BCRUA shall maintain an onsite individual with authority to immediately address emergency issues and Village TMP concerns. Should the onsite individual not be able to resolve the matter,such issues will be brought to the BCRUA Project Manager and the Mayor of Volente. 7.02. BCRUA shall establish and maintain a complaint triage process with designated points of contact and response for any concerns regarding the construction and operations of the BCRUA Project occurring within Village city limits. 7.03. BCRUA agrees to install a perimeter fence that is eight feet tall at Site 4. No razor wire or cyclone fencing shall be used. ARTICLE VIII GROUNDWATER WELL PROGRAM AND PROTECTION OF PRIVATE WELLS 8.01. Recognizing the importance of private domestic groundwater wells in Volente, BCRUA has offered to establish a groundwater well monitoring program to proactively categorize and identify groundwater wells. The groundwater well program would include an inventory of existing wells within 400 feet on either side of the Tunnel. BCRUA has contacted property owners with private domestic groundwater wells within 400 feet on either side of the Tunnel multiple times seeking voluntary cooperation to collect additional information including water level and water quality data on these wells. Volente understands that the success of the program depends on the voluntary cooperation of the affected landowners and Volente is not responsible for residents providing BCRUA access to wells on private property. 8.02. In the event that the construction of the BCRUA Project directly and solely causes damage to groundwater wells within 400 feet on either side of the Tunnel, BCRUA will address the issue by one or more of the following: a. engage a well driller to evaluate the issue by water level measurement and pump test; b. lower the pump; c. deepen the well and/or replace the pump; d. construct new well,and/or e provide temporary potable water delivery. ARTICLE IX VOLENTE'S ACCESS TO WATER The Village is not included in BCRUA's plan to provide a dependable and adequate source of safe drinking water to the Cities;however,the Cities and BCRUA agree to not oppose the Village's future endeavors to secure dependable and adequate source of safe drinking water for the Village. n Therefore, after the BCRUA System is constructed and operational, Volente would like access to BCRUA's safe drinking water. The BCRUA agrees to consider any such request in good faith. ARTICLE X REIMBURSEMENT FOR PROFESSIONAL SERVICES 10.01. BCRUA agrees to reimburse Volente for it cost of engineering and attorney's fees for the negotiation and preparation of this ILA, review of engineering documents, and professional oversight.The amount of the reimbursement is$90,000,payable within ten business days following the effective date of this Agreement. 10.02. All fees and costs related to BCRUA applications and permits submitted to the Village will be handled in accordance with the provisions of APPENDIX A Pee Schedule to the Ordinances, as amended. 10.03. BCRUA will provide the same periodic reports on the status of the construction of the BCRUA Project that is provided to the governing bodies of the Cities. These reports will be sent to Volente's designated point of contact on the same day as sent to the Cities. BCRUA will provide an invitation to the Village governing body for a representative of same to attend all Project Management review presentations that are attended by the governing bodies of the Cities. BCRUA agrees that Volente's engineering representative will be permitted to attend Project Management review presentations attended by the governing bodies of the Cities that involve the BCRUA Project occurring within Village city limits. ARTICLE XI APPROVAL OF SUBMITTED APPLICATIONS AND PERMITS 11.01. Volente acknowledges that BCRUA has submitted the following applications for approval as of the Effective Date (the "Applications"): a. Rezoning Application dated July 24, 2019; b. Conditional Use Permit Application dated July 24, 2019, Exhibit A.2, including subsequent amendments and revisions; c. Site Plan Approval Application dated May 15, 2020, 90% plan documents received December 18, 2020, including subsequent amendments and revisions; d. Application for Variance—dated April 13,2021 requesting three(3)variances, including any subsequent amendments and revisions; e. Site Development Permit Application dated April 13, 2021, including the 95% plan documents, including subsequent amendments and revisions; f. Construction Plan Review and Inspection Application- for the Maintenance Building, dated February 26, 202 1; 7 g. Two Right of Way Use Permit Applications dated February 12, 2021, for the Bernard!Sherman and Sherman/Lime Creek Road intersection widening, including subsequent amendments and revisions; and h. Miscellaneous Building Permit Application dated February 12, 2021, for construction of the Intermediate Drop Shaft within the Village city limits, including subsequent amendments and revisions. 11.02. Volente acknowledges and agrees that all of the above applications and submissions have been approved for the construction of the BCRUA Project and Roadway Improvements, and will be promptly issued to BCRUA in accordance with Village Ordinances. Volente also acknowledges and agrees that in the event that it does not approve any of BCRUA's applications and,-'Or submissions for the construction and occupancy of the BCRUA Project and Roadway Improvements in accordance with Village Ordinances, including the trade permits referenced in Section 11.04, such non-approval will be considered a default pursuant to Section 14.01. 11.03. Volente acknowledges that the Cities have the power of eminent domain, that Site 4 was acquired by the Cities on behalf of BCRUA for a public and governmental purpose, and that Site 4 is more than five acres. As a result of the foregoing,Volente acknowledges and agrees that pursuant to the Volente Ordinances, BCRUA is not required to replat Site 4. 11.04. This ILA sets forth the exclusive list of approvals and requirements of Volente applicable to the design, development, construction installation and operation of the BCRUA Project as represented by BCRUA's application submittals,with the exception of necessary trade permits issued to the contractor as required by the Volente Ordinances. Upon execution of this ILA, BCRUA is entitled to proceed with the construction and operation of the BCRUA Project and Roadway Improvements in accordance with Village approvals received. In the event of a conflict between a Volente ordinance and this ILA, this ILA shall control. Notwithstanding the foregoing, nothing in this ILA shall be interpreted as to impede or limit the Village's lawful authority to enforce its Ordinances, issue stop work orders, or revoke permits whenever work is being done contrary to the provisions of the Ordinances as they exist on the effective date of this ILA. In the event that the BCRUA changes the nature of the BCRUA Project, such amendment must be authorized in accordance with the Volente Ordinances. 11.05. The approvals and permits set forth in this ILA shall be in effect for a period of seven (7) years from the Effective Date of this Agreement, provided that after the expiration of seven(7)years, the permits shall be extended for one or more additional two(2)year periods as long as the BCRUA Project has not been abandoned, until the BCRUA Project is complete. ARTICLE XII DISPUTE RESOLUTION 12.01. The parties desire to resolve disputes arising under this Agreement without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. 12.02. At the written request of either party, the BCRUA General Manager and Volente's Mayor shall promptly negotiate informally and in good faith to resolve any dispute arising under this Agreement. 12.03. If the Parties cannot resolve the dispute within sixty (60) calendar days after the first negotiation meeting, the Parties agree to refer the dispute to a mutually agreeable mediator. Each Party shall pay half the cost of the mediation services. 12.04. The Parties agree to continue performing their duties under this Agreement which are unaffected by the dispute, during the negotiation and mediation process. 12.05. If mediation does not resolve the Parties' dispute, the Parties may pursue their legal and equitable remedies. 12.06. A Party's participation in or the results of any mediation or other non-binding dispute resolution process under this section or provisions of this section shall not be construed as a waiver by a Party of: (l) any rights, privileges, defenses, remedies or immunities available to a Party; (2) a Party's termination rights; or(3)other termination provisions or expiration dates of this ILA. 12.07. Nothing shall prevent either party from resorting to judicial proceedings if(a) good faith efforts to resolve a dispute under these procedures have been unsuccessful,or(b) interim resort to a court is necessary to prevent serious and irreparable injury to a Party or to others. ARTICLE XIII INSURANCE AND LIABILITY 13.01. BCRUA, and all of BCRUA's Contractors and Subcontractors performing work related to the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits shall provide the following insurance policies throughout the term of the Agreement,and shall provide to BCRUA and to the Village on request a copy of the insurance policy or relevant excerpts thereof demonstrating compliance with this provision. Volente may require production of and BCRUA must produce policies, policy excerpts, or certificates of insurance before the commencement of work, during any stage of construction, and within two years after completion of the BCRUA Project and Roadway Improvements: a The Village of Volente shall be added as an additional insured on all policies issued for construction of the BCRUA Project and Roadway Improvements occurring within Village city limits, except for Workers Compensation Insurance. b. Worker's Compensation providing statutory coverage and Employer's Liability Insurance providing limits of One Million Dollars ($1,000,000) each accident, One 9 Million Dollars ($1,000,000) disease-each employee, and One Million Dollars ($1,000,000)) disease-policy limit. C. Commercial Automobile Insurance providing One Million Dollars ($1,000,000) combined single limits covering claims for injuries to members of the public and./or damages to property of others arising from the use of Contractor owned or leased motor vehicles, including onsite and offsite operations. Limits may be satisfied using primary and excess"umbrella policies. d Commercial General Liability Insurance providing limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, covering claims for personal injury or damage to property arising out of any covered act or omission of Contractor or any of its employees or subcontractors for whom Contractor is legally liable. Limits may be satisfied through the use of primary and excesslumbrella policies. Such policies shall be "occurrence" and not "claims-made" policies, have a deductible amount of no more than $10,000, e. Contractor's Pollution Liability(CPL)Insurance providing limits of Two Million Dollars ($2,000,000) per claim and aggregate. CPL coverage will provide for liability due to pollution conditions caused by Contractor and will include coverage related to the remediation of pollutants and for third-party claims alleging bodily injury andror damage to third-party property due to pollutants. Claims made coverage will include a retroactive date that predates all Work executed per this Agreement. 13.02. Certificates of Insurance ("COI"). a. The Parties shall provide a COI evidencing the required insurance policies,limits,term of insurance, insured parties,and other information sufficient to demonstrate conformance with this Section 13 and its subsections. Certificates of insurance will reference the project name as identified on the first page of this Agreement. The obligation to furnish COB is in addition to the obligation to furnish copies or excerpts of insurance policies as requested in accordance with section 13.01. b. In the event the COI provided indicates that any required insurance will expire during the period of this Agreement, the party shall furnish, on or before the expiration date, a renewed COI as proof that equal and like coverage for the balance of the period of the Agreement and any extension thereafter has been procured and in effect. C. In the event a COI evidencing the renewed coverage is not available prior to the policy renewal date,that Party shall provide a COI to the other Party,within thirty (30) days of the policy's(ies') renewal date(s). d The Village shall be notified immediately if any required policy has expired, lapses or been cancelled. 10 13.03. BCRUA agrees to require its contractor to keep the aforesaid policies in full force and effect throughout the term of this Agreement. ARTICLE XIV DEFAULT 14.01. If either BCRUA or Volente should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a minimum period of thirty(30)days to cure such default. If the BCRUA remains in default after notice and opportunity to cure, Volente shall have the right to terminate this Agreement by giving written notice thereof to BCRUA. If Volente remains in default after notice and opportunity to cure, BCRUA shall have the right to terminate this Agreement by giving written notice thereof to Volente. In addition, Volente shall refund to BCRUA any funds paid to Volente pursuant to Section 10.01. ARTICLE XV GENERAL PROVISIONS 15.01.Authority. This ILA is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 552.001, Texas Local Government Code. 15.02.Severability.The provisions of this ILA are severable and, if any provision of this ILA is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this ILA shall not be affected, and this ILA shall be construed as if the invalid portion had never been contained herein. 15.03.Payments from Current Revenues. Any payments required to be made by a Party under this ILA shall be paid from current revenues or other funds lawfully available to the Party for such purpose.] 15.04.Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this ILA. 15.05. Entire Agreement. Except as otherwise expressly provided herein, this ILA contains the entire agreement of the Parties regarding the BCRUA Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 15.06. Amendments.Any amendment of this ILA must be in writing and shall be effective if signed by the authorized representatives of the Parties. 15.07. Applicable Law; Venue.This ILA shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Travis County,Texas. 15.08. Specific Performance. The Parties shall have available to them equitable remedies to enforce this ILA, including, without limitation, the right to obtain a writ of mandamus or an injunction against the other party to enforce the terms of this ILA. II 15.09. Notices. Any notices given under this ILA shall be effective if(i) forwarded to a Party by hand-delivery; (ii) sent by any electronic means of sending messages, including facsimile transmission and electronic mail ("Electronic Transmission"); or(iii)deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: BCRUA: Karen Bondy, General Manager Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock, Texas 78664 With copy to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 VILLAGE OF VOLENTE: Dan Thost, Mayor Village of Volente 16100 Wharf Cove Volente, Texas 78641 With copy to: Alan Bojorquez Bojorquez Law Firm, P.C. 11675 Jollyville Rd. Ste 300 Austin, Texas 78759 Each notice sent in accordance with this section shall be deemed to have been received at the time on the day it was delivered at such address, at the beginning of business on the third (3rd) Business Day after it was mailed,or one(I)hour after they were sent on the same day it was sent by Electronic Transmission, or at the start of business on the first (1st) Business Day thereafter if the day on which it was sent by Electronic Transmission was not a Business Day. Either party may change its address for notice by giving notice to the other party as provided in this section. 15.10. Force Majeure. Parties shall not be deemed in violation of this ILA if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. 15.11. Counterparts. This ILA may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but ail of which shall constitute the same instrument. 12 15.12. Term. This Agreement shall commence and bind the Parties on the Effective Date unless terminated by express written agreement executed by both Parties. 15.13. Authority. Each party represents and warrants that it has the full right, power and authority to execute this ILA. 15.14. No Third-Party Beneficiaries. This ILA is for the sole benefit of the Parties. There are no third-party beneficiaries under this ILA except to the extent that the terms of any bond or insurance policy expressly provided for in this ILA may provide, and then only as may be provided in such bond or insurance policy. 15.15. Effective Date. This ILA is effective on the date last executed below: BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Nacole Thompson, President Date: ] I VILLAGE OF VOLENTE By: Dan Thost, Mayor Date: 14 Exhibit A Description of Site 4 12 pgs 2019083071 NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER SPECIAL WARRANTY DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON §KNOW ALL PERSONS BY THESE PRESENTS: That the City of Leander,Texas, a Texas home rule municipality,hereinafter referred to as "Grantor," for and in consideration of the sum of Ten and No/100 Dollars($10 00),together with other good and valuable consideration, to Grantor cash in hand paid by the Brushy Creek Regional Utility Authority, a Texas non-profit corporation, whose mailing address is 221 E Main Street, Round Rock, Texas 78664, hereinafter called "Grantee", the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,SELL and CONVEY unto the said Grantee,all that certain lot, tract or parcel of land known and described as follows All that certain parcel or tract of land being 5 217 acres, more or less, located in Travis County, Texas,as more particularly described in metes and bounds in Exhibits"A",'B", and 'C" attached hereto and incorporated herein as if fully transcribed herein (the "Property"), together with all improvements thereon. fixtures affixed thereto, and appurtenances thereto, including all of Grantor's right, tale and interest, if any, in and to any and all rights of Grantor in and to all roads alleys, easements, streets and ways adjacent to the Property This conveyance is expressly made subject to the restrictions, covenants and easements, if any, apparent on the ground, and utility easements, if any, in use by the City or any other public utility,or now in force and existing of record in the office-of the County Clerk of Travis County,Texas,to which reference is here made for all purposes, including but not limited to the restrictions recorded as Instrument umber 2016190622, Official Public Records Travis County, Texas TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto the said Grantee, the Brushy Creek Regional Utility Authority, its successors and assigns forever,and Grantor does hereby bind their successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the Brushy Creek Regional Utility Authority, the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof same by,through or under the Grantors,but not otherwise 3 EXHIBIT 2019083071 Page 2 of 12 EXECUTED at City Hall,Williamson County,Texas,this the 6 day of June ,2019 City of Leander,Texas,Grantor �2& &_ /01K David Carroll, ting City Manager Marling Address. P O Box 319 Williamson County,Texas 78641 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the unde i EN t ri I tary Public in and for said County and State, on this day personally appe i nager,City of Leander,Texas Grantor herein,known to me to be the person whose asubscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 6 day of June, 2019 pp nn Notary Public-State of Texas AFTER RECORDING PLEASE RETURN TO: City of Leander e City Secretary DARA CRABTREE P O Box 319 Notary ID 4r 10273820 Leander,Texas 7864b My Commission Expires August 24,2019 4 2019083071 Page 3 of 12 Exhibits to Special Warranty Deed 5 2019083071 Page 4 of 12 METES AND BOUNDS DESCRIPTION OFA 5.217 ACRE TRACT OF LAND SITUATED IN THE JOHN STEWART SURVEY NO.551 AM THE ROBERT FOSTER SURVEY No.31, TRAVIS COUNTY,TEXAS BEING A 5.217 ACRS (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN STEWART SURVEY NO. 551 AND THE ROBERT FOSTER SURVEY NO. 31.TRAVIS COUNTY, TEXAS; SAID 5.217 ACRS TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF TRACT 2(CALLED 1.069 ACRES)AND A PORTION OF TRACT 3(CALLED 10.068 ACRES)WITH ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L.GROSS AND WEM CATHY L.GROSS, AS RBWRDED IN VOLUME 11546.PAGE 1498 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS(R.P.R.T.C.T.),AND ALSO BEI NG A PORTION OF THAT CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEBD TO GARY L.GROSS AND WIFE,CATHY L.DROSS,AS RECORDED W VOLUME 12817, PADS 1043,LP.R.T.0 T.;SAID 5.217 ACFM TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BLGINNIIG at a 1/2-inch iron rod found for the northernmost canner of the herein described tract and said Tract 2, same being the easternmost corner of Lot 1,Lake Travis Subdivision No. 6,recorded in Volume 4, Pago 157 of the Plitt Records of Travis County,Texas (P.R.T.C.T.), and also being on the westerly right-of-way(R,O.W.)Hot of Bernard Sheet(having a width of 50 feet at this location),and being located at Texas State Plana Coordinate grid position N-10,135,754.8226 and W,057,430.2885; TMBNM South 28 degrees 30 minutes 50 seconds West,with the common westerly R.O.W.line of said Bernard Street and the easterly line of said Tract 2,same being the easterly Hat of said Lot 1,a distance of 104.96 feat to a 112-Inch iron rod found for a corner of the herein described tract and marking the northernmost comer of said Tract 1, same being the northernmost comer of Leat 12, Lake Travis Subdivision No.2,recorded In Volume 4,Pages 92.83,P.R.T.C.T.,said point also marking the intersection of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street (having a width of 50 feet at this location); THBN1C 3,South 33 dogmas 24 minutes 12 seconds Seat,with the common southwesterly R.O.W.Me of said Jackson Street and this northeasterly Ute of said Tract 1,same being the northeasterly line of said lot k 12,a distarrce of 170.14 feet to it 112-inch iron rod with orange plastic cap stamped"Wallace Oroup"set for a comer of the herein described tract; i THBNCH,South 51 degrees 48 minutes 33 seconds West,departing the southwesterly R.O.W.line of sold Jackson Street,traveling partway across the interior of said Tract 1,same being sold Int 12,partway across i the interior of said Tract 3.same being Held 10.068 acre tract,and partway across the interior of said 5.163 acre tract,a distance of 910.86 feet to a 112-inch iron rod with orange plastic cap stamped"Wallace Grano" set for the southernmost corner of the herein described tract and being on the southwesterly One of said 5.163 acro tract; r Page 1 of 2 I 2013083071 Page 5 of U Description of a 5.217 acre tract(continued) THENCE,with the southwesterly line of seld 5.163 acre react,the following three(3)courses and distances: 1) North 09 degrees 54 minutes 18 seconds West,a distance of 53.10 feet to it 112-Inch iron rod found for a comer of said 5.163 acre treat and the herein described tract; 2) North 33 degrees 22 minutes 57 seconds Weal.it distance of 70.89 feet to a 112-inch Iron rod found for a corner of sold 5.163 acre tract and the herein deacdbed tract; 3) North 15 degrees 24 minutes 59 seconds West,a distance of 189.50 feet to a 112-inch Iron rod found for the westernmost corner of said 5,163 ase tract and the herein described tract, same marking the soutbarnmost comer of that certain called 2.763 acre tract of land described in a Special Warranty Deed to Jean 1.Mager.as recorded in Volume 13203,Page 148,R.F.Ii T.C.T.; THENCE,with the common northwesterly line of said 5.163 acre tract and tate southeasterly Hue of said 2.763 acre tract,the following two(2)courses and distances: 1) North 56 degrees 56 minutes 36 seconds Bast,a distance of 98.A6 feet to a M-lath iron rod found for a corner of the heroin described trach 2) North 56 degrees 49 minutes 43 seconds Eaa4 a distance of 428.18 feet to a 112-inch Ivan rod found for a corner of the herein described tract,said point maridng the common northernmost comer of said 5.163 acre trsc4 the easternmost corner of said 2.763 acre tract`and the westemnmst corner of said 1.069 acre tract, THENCE,North 56 degrees 52 minutes 06 seconds But, with the northwesterly line of add 1.069 acre trac4 and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF BEGINNING and containing 5.217 acres(227,259 square feet)of land,more or Ion,based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Tom in July of 2013. That 1, Daniel M.Flaherty,a Registered Professional Land Surveyor,do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direction and supervision. OILS rq,9 to 'blit k;, Fhtitjy !Daniel�M.F�Jnherrty, . .L.3.No.500 q tM 'lire Wallace Grow , c, goy �,r One Chisholm Trail,Suite 130 O "$$Ba, �i0 Round Rock,Texas 78691 �URV Ph.(512)248-0065 22951-FNOS.doc �3 Date Page 2 of 2 1 2019083071 Page 6 of 12 r � '"4%U -- ---�._ gill NXAEi � , s r 1 1 r r r rr •1 11 0i lob 011111411%P I i� « Ii 2019083071 Page 7 of 12 Steven Warner Womack,RPLS, PLS,NCEES National Council of Examiners for Engineering and Surveying#1928 Texas Registered Professional Land Survayer#5025 North Carolina Professional Land Surveyor K4048 E-Mgll:SWR PLBdbGmall_sem (512)GSB-0220 KETES AND BOUNDS DESCRIPTION 16,562 ACRES OF LAND 81TUATED IN THE ROBERT FOSTER SURVEY No.31 AND THE JOHN STEWART SURVEY No.351 W TRAVIS COUNTY,TEXAS BEING ALL OF LOT 11, LAKE TRAVIS SUBDIVISION No. 2 ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4,PAGE 87 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND A 1.757 ACRE PORTION OF LAT 13, LAKE TRAVIS SUBDIVISION No. 2 ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4,PAGE 82 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND THE REMAINDER OF A CALLED 10,8618 ACRE TRACT CONVEYED TO GARY AND CATHY GROSS BY INSTRUMENT OF RECORD IN VOLUME,11546„PAGE 1498 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS AND THE REMAINDER OF A CALLED&1.63 ACRE TRACT CONVEYED TO GARY AND CATHY GROSS BY INSTRUMENT OF RECORD IN VOLUME 12917,PAGE 1043 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCHt Beginning at an iron cud(bund at the southwest comer ofthe interacting fight•of--ways of Jackson Street and Amen Terrace, being also the nonbenst comer ofthe said Lot 11,for the northeast comer and Point of Seglnning ofthe heroin described tract; Thence S 16 deg 44 min 15 sec W 311.43 het to an Iron rod found at the southeast comer of the said Lot 11.being also the northeast comer ofthe said 10568 aero tract,for a point on the cast line ofthe hereln described tract; Thence S 16 deg 45 min 04 no W 809.91 feel to a point submerged under the waters of Lake Travis on the approx.670 foot contour line.being also on the northeast tine of a 53.547 acre tract conveyed to Gary and Cathy Gross by instrument of reoord in DoeumantNo,2046050369 In the Official Public Records ofTmvls County,Texas,for the southeast comer ofthe herein described tract; Thence N 119 deg 16 min$6 sea W 446.93 fact to a point submerged under the wetars of Lake Tsavis,being also on The northeast tine ofthe said 33.547 acre tract,fora point on the southwest line ofthe herein described trace; Theme N 55 deg 42 min 36 sea W 33200 feel to a point submerged under the waters of take Travis,being also on the northeast line ofthe said 33.347 acre tract,for a point an the southwest line ofthe heroin desoribed tract; Thence N 29 deg 01 min 10 sea W 121 Al feet to a point submerged under the water of Cake Travis,being also at the northwest comer ofthe sold 53.547 acre tract,being also the southwest corner ofthe said 110.068 sore tract and the southeast comer oftho said 3.163 acre tract,for a point on the southwest line ofthe beraln described tract Thence N 13 deg 13 min 0l sec W 221,99 feet to it point submerged under the waters of[Ake Travis,being also on the southwest line ofthe ald 5.163 acre tract,for a paint on the southwest line ofthe heroin described tract; Thence N 09 deg S4 min 18 too W 91.09 teat to a point submerged under the waters of lake Travis,being also on the southwest line of the said 3.163 acre tract and being the southeast comer of a 3.067 acre ttect conveyed to the City of Lander. for the southwest comer ofthe herein described tract; Theoce N St dag 48 min 33 sea 18331.18 loci to a point on the northwest line ofthe said 10.06E acre trac%being alsoon tho east line of the sold 3.163 acre tract and being also on the southeast line ofthe said 3.067 acre tract,for a point on the northwest Ileo of the herein described tract; Yep r eft s%w«sunG11CM16408 sea 11013 t.,a rnv„s„s 1%twe ft wom doer 7e.7'eLf 9oadsfr4o6e„an)Land Sw�gry npd.favu 11ryMurd flefeob.ett+eed l,nryaw rade Hear o17ew a IBT 71aj `d"boldwj.swr11612400Pak ssehet,,AORnr=7013,t1121239420 2019083071 Page 8 of 12 Thence N 51 deg 48 min 33 Sec E 28.07 feet to a point on the northeast line of the said 14.066 acro tract,being also on the Southwest line of the sold Lot 12 and being also on the southeast line of the said 3.067 acre tract,for a point on the northwest line of the herein described tract; Thence N 51 deg 48 min 33 sic E 351.61 feet to an iron rod found at the southeastcomerof the sold 3,067 acne tract,being also on the nartheast line of the said Lot 12 and being also on the southerly unimproved right-of-way ofJochson Street,for the northeast comerof the herein described but. Theaee S 33 deg 24 min 12 we E 104.32 feet to an Iron pipe found at the northwest corner of the said Lot 11,for a point on the northeast line oftho herein described asci; Thence S 33 deg 24 min 12 sec E 281.75 flet to the Polat of gaglaning and containing 16.562 acres AWL more or less. 11 or even W,Womack fete to �o�bJl Registered PmOssional Lend Surveyor SrE1EN�W{ K No.5025,State of Tefies F502M. y� O SUR r J ]off fiWntIPRO11C19d6L!ll.anllal La)��'rn�4aat.d2+16a/IFrldNdradoa ' mrmaeuaolnor�I�OaIt,,,ea�n�amnt�t,neFlvroiomtlsodswrya,miLesmcorte�us IIqrsqb1cvvAWnMuldaWA,tau 1!6,11ioDft% pCnkAv*nems7l133,tpRIB"16) 2019083071 Page 9 of 12 16.561 ACRE'S OF LAND SRUATED IN TK ROBERT SURVEY SKETCH FOSTER SURVEY No 31 AND THE JOHN STEIM RT T.•- SURVEY No. 551 114 TRAVIS COUNTY TOMS BE1NO ALL' OF LOT 11. LAKE TRAVIS SODR6SNIN No. S ACCORDING TO THE MAP OR PLAT THEREOF RECORDED \ �� r ♦ +lA m,�f S '"COUMV.IMS eye A 0.76 TAM PA°ORtION � .�• j \ �`' 1 OF IAT 12, LAKE TRAVIS SUBDIVISION No. 2 .+� 1 ACCORDING TO THE IAP OR PLAT THEREOF RECORDED \. ��'\ tp��a f IN VOLUME 4 PAGE$2 OF THE PLAT RECORDS OF ,fid" TUYIS COUNTY,TE)M THE 11EIRAINDER OF A ,k d .� .. \'o � v CALAM 10.060 ACRE TT GONVEvtcro TO GARY AND CAYHY GROSS 61r 1TJSTRUMW OF REOOBO IN VOLUME 11846, PACE t428 OF THE DEEP RECORDS OF TRANS COUNTY, TD)rA5 Btla THE REMAINDER OF A CUM 5.163 ACRE TRACT CONYM TO CART AND rATW GROSS 131'INSTRUJAENE OF RECORD IN VOLUME 11817, BP' \ J PACE 1043 OF THE OECD RECORDS OF TRANS ala COUNTY.TEAS !3'�F' t� v� W � 1.757 AO.�ar Tara 6TA1aN0 caoRasa E DASH Ag;, e. 9=06%4 c xt I1 a e3 +�,g �� Gap VNEL. 41010 IRA, 0. ^� ��i a�� r 2.975 Aa. � t„ to � sL ;1.757 Aa o..r. �'•f y CZ3 10.074 AC. ar All A,IIr Jt, �� 1.. � iq oo soG w � � ApoAvt 67 -lack Canlaur APPROXIMATE SCALE IN FEET 1 �+- LEGEND r : * IRON 800 FOUND a O1014 PIPE FOUND n 64d NAR.SET / 1 / / / u THIS AURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS ASSOCIA760N STANDARDS lam AND SPECIFICATIONS FOR A CATEGORY IB, CONDITION If. OF STANDARD SURVEY AS DESCRIBED IN THE MANUAL OF PRACTICE ` a� ff e FOR LAND SURVEYING IN THE STATE OF TEXAS. 26 Aprll 201651 EH i1 . wo ACK Stevan Warner Womeck, RPLS, PLS, NCEES Date Ir 25 at Otk DATE_ 4-26-101 Nollanol Countil of Foramen for Engineering and SuNeDRAWN BY: Slaff Q Teeoe Reglgand ProreedFILE NAME: 16-008 dueanol Land Surveyor /d025 I�I � $ �� Norlk CoroGno Professional land SurveyorL-5043 PROJ NO 1 16-000 E-Mail:�y102mau y m Phone/Taq: (512) 636 -1 AC= OWCOMM % j POl�ii 1!4 f+J E w vow / ! ararrE rw f �,'1�� foa°1opcmm CA r RMLM r _�� .+Jfl' ! '• �'Jt'/�°r"c� ,l !il! r +r�!J�� r '_� i I so'are+ar loc O ( it+,J �•_/ r/ /IJ/ !If tit !71t 1 f a �Hi,. "•. rrrTl � 1 :�,r ff ! ' , • ;Jri.',�1��l�rraacss� �( � '. � � r�! '< < � � ! ~ U M �. I c O I �! I N 0 150 300 I SCALE: Y 180' EXHIBIT C Exhibit B. 1 Maintenance Building/Elevation A {moi MY NOTES a W�Ymawµ !rraaaaraa C-. !wafrr last � '�y� aaawrw "warn 7- 1 rT x ' .na.wmwon � nwMaw+mt � � unara[w w,� moan wrar as mpupyWyp wan n*w. rpmrr r�tlaysa _� aW wllamaa1reWatr � MarW an.r r�aaam�a F a0 Wr.11 M iNWUWyat Nrlar �� aw�oaa+a.r:nnw M. ------------------------------ I TION fj1 a � i ti � Ana waw 'tlLWrB '-' 1 iS•aiiq..�v LLfl ELEVATION �"'�'��1®Vffalkerl3rrrleLs ��`p�� ` = a^�^€�. •ate! f � ��` LIVi EXTERIOR ELEVATIONS I iw LS rnar� PHASEI ATT' -' - RAW WATER DELIVERY SYSTEM AB-6 EXHIBIT b - � KEY NOTES -1ply-I�e � 4f/ri.r A� t Mp 1 1 4 p0.IM6 � Ipp gY11 O�.orW. {r}.. 1 �Y1Y514/ILiI MrMMnIe 1M��JJ�� un..aM.rwwrt {Rt1uHu y f 1 ve[rY r0�.pA - - MYaW hVMttMb JI �r�'tat tr} } _ u.na.maeru EELMA N i Will ------------------- D, a Ip.IOQ�r 4 t •;l r EEL ®Vff�lkerParulers fir rrn r turr.larr WORK .en..R FggBBH •��f _ E%TER[OR ELEVATIONS 2 �wuw �INICHOL RAW WATER PkA5E2 �� R DELIVERY SYSTEM AB•7 KEY NOTES .uwen+w !MIIM Ip■l Ham,. k ,I xaRrt. �w+rnwa. _ !Id■IMYIuIfY ■ 1iMM33// w+.w 1 f -l'HIMS�e B UWAn._ N � A;; BRUS UIEK RBB HEXTERIOR ELEVATIOM 3 ICK S S PHASE? RAW WATEROEIiVERYSYSTEM A8-8 Exhibit B.2 Maintenance Building - Floor Plan GENERAL NOTES ..r �,r l wnga.i io.•oauiufn'a n-- - t wuromn•rwnr.tre o.uu.at.o..oa.a..•ra.w•.w , m KEY NOTES � L. .� O O I �' �neiagwdr:r,m:wurorrw F ©nnana•ie.•.nw � � reu rn.ua.,Eaa j� I n.R-..muorw Wf+mauucua. f��j 4 E@ e O �Y 1..5 • ma4r.W1} /}--(AY f OOMIMIII�(l.Ilenl OaiaW RIa . gym'wpa v`r d Od`r0i1i. (1�1� MM M:llIIM! x+naowu�v....c t � .r �. nee•a.�.a.iuu.r.r }I �sa,.won.��ain.w�a (m R•} + r r .. COD-\ e .•�rw�cr�aiwuu � 4; r r r r .r waasi.n4aow k � _ a o + LEGEND a r i �O r 0 aawaww.ww�w.mnou. AD Pw•.4i1 0 4 r i f•f W' L {.� .prtwrrilrl E mnaea.wi L — ► i 1 a • Y� ®Walkeriaartrurs BROr CREEK .a,.... i..... �;:. FREE � � '�� . `� FLOOR PLAN NI[HIiS PHASE 2 Ber RAW WATER(lEl1VERYSYSTEM AB•3 EXHIBIT a.a Exhibit C Intermediate Drop Shaft +* r * > LM '- yxw- - uw w.w.�m..rrrYrwwrnr.wra.r.r�.r'.:r:�` ... r.rrrsr .rirwr�..w.�.�w warty+wwse.n�wYarowrs�o_wKwr.rrmrrrre Y.Kprr++o..1+.+YwY�Y eww r�.rr.rwoa ®wY.mwmYroa rrww rd.�wa`r`n W�srrrw�w.r.�e��w�w.Y.rmY l Y.r.w.w Y�waarwww r .,.raw. Y.,wrr. .-r..-o^-.�.....�.....r....,... fEa �rr.rrr.o..r.rr.ewrrrr•nw. f Y..Y� rrnw Ywwvww1r Yr.w��rlw�uwr��Y��Mww~�riy KNW�4r\4r+�MYI��r•Yrvrvwi�..wr IMIMUMA `�BRUSNYCREFK --- L ,.- INTAKE TUNNEL M & PHASE 2 PLAN AND 44 PROFILE +00 TO 53+00 I RAW WATER DELMERY SYSTEM TC-7 EXHIBIT C Exhibit D Tunnel i IA¢rMrs wwremua r. WANaPI&SAR - -' �—rm seen rmn.s /:mac' nL4�l� wn ,r..per u �[pr r[Irrlmins men rAere�wus Lun iaaawlw mnavl +Lo.�[sol [o.rlu. �~ F �nL,.u.�rmi naA[ ww u,M�wr �.uslM[.s m .M.paYawnraa. amnw[ .. C nwrsamc.nm B uC W Lu[uo ame�mlmO w[nlm+ fAV�E[flY Wag"n[,swo I dM[ANt AMYYl� � I anLrrra�[ va+ y� I ®IAAI[r C A IIAWW TGYfWE S ii 9s Y[M[IYLS[Alae u R4 � I t uwwAruwrAanlMMtL D IrPAIM/INVA RATION ANOWEWULFYpC['1G C CEWDMAM W F RAw NyU[ YpypMlllllN(LAMO rPEtIM[ LK WTP M KFWWW 1 Y060M[rll[R0M l ROAOwATIM-AOYFY[MVVAWrS Y M[ soffDu O{IS i St1/.OtlIFS f$3i C ptfA[3 ®Ongin*em w sa , BRUSHY CREEK �A.m& Wm...OM LLITIWI Wt.cWv OVERALL PROJECT KEY MAP T i.os[stp4[M �F.F..SE nu' /4- PHASE 2 s :r m "- RAW WATER OEUVERYSYSTEM G-5 tl u KV,ww.lol NIl! - soUD as IneMa MYaitlLA Exhibit E Piezometers 4 NOTES f L.fLrML4 WUfIOwGTM(LYGWEMIYp Ab+l graT0.rwnuDf{r WAIn.1MIM.4oM N/Er/ialL LEGEND s. taawwLnf rr�vroreMLuraras Lnrcrr.Mf wa.aw�nsnh�tarnwianLwtage fw.ce EaormlurlsvAw.eouwMfosrw r.nfagr1gLmaU[e+Eatrxr•swFcfl wnnww..•a.w l /ENIAtiE rI1T WRNGS WIAiROpfYRVElY1GYA YMnM6 EiG N ne"w Envrw6*1LltAflOUpY..+Yryorno6..4m r.r11r11wMilL OLvrp Af �� Mane eM na rnuelm oolrrafaal. 3- NOLgL MYM0lOGIgMfNI[WIOp fVIrYIT WIArMHgO�YwWL.MriMifON .V WSr R aaN. OMIgEr WDICAH DGROINMAlWO q IYMElNYh1T44 M)[ CMXA1MR MMM E 1. waOIUV* neAnE.Ewsrwse[lolfMq unrcf lxE MoiruccoMniry.naM raa ILVEE Y, �Vy1'Ld11K�C�� quaww • '� - _ S- ®•ny+nr'�r1•su � G[OTECNNIGL BASELINE REPORT efchno. W. WAKE TUNNEL BORING LOCATION PLAN FR�6S8 . :c.oB To s:•ao rae'.r IMMICHOLS1 IRAWWATERD LIVERYSYSTIM ",GU EXHIBIT Exhibit F Sherman/Bernard Right-of-Way I I I . 1 s 1I 1 n 1 l I E BERNARD STREE7 �\ .•':_�..:.: ...�wve..u.um� r 1 '�� Lia ..r.<...0 0••weA•• TYPICAL PLANVIEW 1 4 F ur�ir`w xx TYPICAL SHOULDER DETAIL 1N� �' �.7�r�ti:a.LWdlr 1 GENERAL NOTES VERMCREEK INTERSECTION LAYOUT �WESE BERNARD AND SHERMAN STREET SHOULDER EXTENSION 1! c K 0 MINICNOLS r� PHASE di11 wnnuy wn i"-R * RAW WATER DELIVERY SYSTEM EXHIBIT Exhibit G Sherman/Lime Creek Road ROW I a I 1 I { I 1 u 1 a A �Q. — TYPICAL SHOULDER DETNL aY.m �UMECItEE%ROAD I ^"w \ •L7T:EhT.LYLATt�dEElIERS... i .ar.... •f O CL O / 11 �- 1 _ k L � ISLAND PAVEMENT MARKW GS AND SIGNAGE!il I BE0.NA110 STREET AND LIME CAf E%0.0A0 I .•. GENERAL NOTES f rnn.aw�'°,.rs�aw Px� ® ®Walker ........I'artrEets ten. ....rr.T.r. v BRIISfCREf INTERSEC710N LAYOUT FR65SS Pf1ASE 2 SHFRMAN AND CAME[REEK ROAD SHOULDER E%TENSION 3�11KIIOLS x "„R01 i"'{a..a.. RAW WATER DELIVERY SYSTEM CI.29 7G IT G Exhibit H Jackson Street Improvements s• , f i LEGEND GENERALNOTES �Z:uvw ' � w..�.,r4a •iiurrs•°°�°..nws J-ff-- i HE n.Pw.awraM _ roX/M44�w ww F i 4 - - - T� ® ®• .�� ., � BRUSITYCREEK ki� FR6BS ROAMAY PLAN ANO PROHLE SjEiI °� un � RAWwATERbEWERYSYSiEM CI.25 EXHIBIT H No Text Steve reviewed agreement provided and signed by Volente which is the following executed document . INTERLOCAL AGREEMENT BETWEEN THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. AND THE VILLAGE OF VOLENTE This Interlocal Agreement ("ILA") is made by and between the Brushy Creek Regional Utility Authority, Inc. ("BCRUA"), a local government corporation of the State of Texas, created and existing under the laws of the State, including Subchapter D of Chapter 431 as amended, Texas Transportation Code, and created by the City of Cedar Park, Texas, the City of Leander, Texas, the City of Round Rock,Texas all home-rule municipalities and political subdivisions of the State, (individually the "City"; collectively the "Cities") and the Village of Volente, Texas ("Volente" or"Village"), a Texas Type-B, general-law municipality. The BCRUA and Volente are together referred to herein as the "Parties." In consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions hereinafter set forth, the BCRUA and Volente now wish to set forth their agreement regarding the design, construction, and operation of the System (as defined in Article I), as set forth below: ARTICLE I DEFINITIONS "BCRUA" means the Brushy Creek Regional Utility Authority, a local government corporation created by the home rule cities of Cedar Park, Leander, and Round Rock to provide a dependable and adequate supply of treated water to their citizens. "BCRUA Project" means the Maintenance Building(Exhibits BA and B.2), Intermediate Drop Shaft(Exhibit C), Piezometer Borings (Exhibit E), and portions of the Tunnel (Exhibit D) to be constructed within the Village of Volente. "Intake Facility" means the deep-water intake shaft and Tunnel for the purpose of accessing raw water from Lake Travis. "Intermediate Drop Shaft" means the drop shaft to be constructed on a temporary construction casement at Lime Creek Road and West Drive to convey concrete to the Tunnel below to facilitate construction of the cast-in-place concrete liner. The drop shaft will be capped and abandoned at completion of the Tunnel. (Exhibit C) "Maintenance Building" means the maintenance building to be constructed at 16621 Jackson St. on Site 4, used solely for the operation and maintenance of the Intake Facility. "Ordinances" or "Code of Ordinances" means the ordinances of the Village of Volente. "Piezometers" or "Piezometer borings" means the geotechnical borings installed in 2015 and located in the right-of-way and used to measure water levels in the Glen Rose (Exhibit E). Borings are to be capped and abandoned at completion of project. "Pumping Facility" means the pumps, buildings, and related facilities to be constructed and eC icA_,e-21-fo-zo----7B operated on Site 8 for the purpose of pumping raw water to the Treatment Plant. "Roadway Improvements" means the required improvements to the Bernard/Sherman right-of- way, the Sherman:11me Creek Road right-of-way and the extension of Jackson Street. "Site 4" means the tract of land described in Exhibit A owned by the BCRUA in Volente on which Maintenance Building will be constructed. "Site 8" means the tract of land owned by the BCRUA on which the Pumping Facility will be constructed. "System" means the BCRUA Project, Intake Facility and Pumping Facility. "Tunnel" means the underground tunnel for the raw water transmission line between the Intake Facility and the Pumping Facility, which will cross under Lime Creek Road at approximately the following locations: 23+50, 27.00 and 31.'00 near Sandy Creek Marina; 37+00 approximately 0.3 miles north of the intersection of Lime Creek Road and West Drive along Lime Creek Road; and 49+50 approximately 0.1 miles south of the intersection of Lime Creek Road and West Drive along Lime Creek Road. The path of the Tunnel is generally shown in Exhibit D. "Volente" or"Village" means the Village of Volente, a Texas Type B, general law city. ARTICLE II BCRUA'S ACKNOWLEDGMENTS AND REPRESENTATIONS 2.01. BCRUA acknowledges and agrees that Volente has a legitimate governmental interest in protecting the public health, safety, and welfare of its citizens by regulating development and operations in the Village city limits. In furtherance of the aforesaid interest, Volente's Ordinances regulate development within the Village city limits. With respect to the design, construction, and operation of the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometer borings, the Roadway Improvements, and Tunnel, BCRUA agrees to deal with Volente in good faith with respect to complying with the applicable development regulations of Volente as set forth in the Ordinances and this ILA. 2.02. The Texas Commission on Environmental Quality ("TCEQ") has authorized a restricted zone of 100 feet radius from the raw water intake works and all recreational activities and trespassing are prohibited in this area. ARTICLE III VOLENTE'S ACKNOWLEDGMENTS AND REPRESENTATIONS 3.01. Volente acknowledges that BCRUA has determined that the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometers, the Roadway Improvements, and Tunnel are critical components of the System to access raw water in Lake Travis in order to provide drinking water to the Cities. Volente acknowledges that Site 4 is the agreed location for the Maintenance Building. Volente further understands that the Intermediate Drop Shaft will be located on a temporary construction easement and that Piezometers installed in 2015 are located in the Lime Creek Road right-of-way and that the Tunnel will be constructed in part within the Village's city limits. With respect to the design, construction and operation of the Intake Facility, Maintenance Building, Intermediate Drop Shaft, Piezometers, Roadway Improvements, and the Tunnel, Volente agrees to deal with the BCRUA in a reasonable fashion and in good faith with respect to imposing and enforcing the Ordinances. 3.02. Volente acknowledges that BCRUA changed the location of the Pumping Station to Site 8 in consideration of and in reliance on Volente's agreement to allow the BCRUA to construct the Intake Facility, Maintenance Building and portions of the Tunnel within Volente. 3.03. Volente acknowledges that the BCRUA has modified the project design to remove the Monitoring Wells and will construct the Intermediate Drop Shaft on a temporary construction easement in lieu of the Lime Creek Road right-of-way. ARTICLE IV COVENANT OF GOOD FAITH AND FAIR DEALING BCRUA and Volente each agree and covenant to deal with each other honestly, fairly,and in good faith, so that they can discharge their respective duties to protect the public health, safety, and welfare of their respective citizens. ARTICLE V USE, MAINTENANCE AND REPAIR OF ROADWAYS 5.01. BCRUA agrees that the delivery,staging and construction activities related to the Pumping Facility and Intake Facility will be conducted outside of the Village city limits. 5.02. BCRUA and Volente agree to a Joint Pre-construction Condition Assessment of roads to be utilized for the BCRUA Project during the construction of the Maintenance Building, Intermediate Drop Shaft, Piezometers, Roadway Improvements,and Tunnel, by a mutually agreed upon third party. 5.03. During the construction phase, BCRUA agrees to repair any damage or loss directly and solely caused by vehicles or construction equipment utilized for the BCRUA Project or Roadway Improvements within sixty(60) calendar days of inspection by BCRUA or notification of damage by Volente, or as soon as necessary to resolve an imminent threat to health, safety, or property. BCRUA agrees to promptly report any such damage or loss to the Village. "Repair" includes replacement or fair compensation for missing or unusable property of any nature. Notwithstanding the foregoing, if the Village reasonably determines that a failure of BCRUA to properly repair the public right-of-way constitutes a safety hazard to the public, the Village may undertake emergency repairs and restoration efforts. BCRUA shall reimburse the Village for all reasonable cost incurred by the Village within thirty(30)calendar days from the date of the Village invoice. 5.04. At the time of the completion of the BCRUA Project and Roadway Improvements, there shall be a Post-Construction Condition Assessment with BCRUA and Village representatives. This is to perform a joint assessment of post-construction road conditions and recommend a course of action to repair any damage directly and solely caused by vehicles or construction equipment utilized for the BCRUA Project and Roadway Improvements to return said roads to the condition determined at the Pre-construction Condition Assessment. 5.05. Within one hundred and twenty(120)calendar days of completion of the BCRUA Project, BCRUA agrees to repair any damage directly and solely caused by vehicles or constriction equipment utilized for the BCRUA Project. BCRUA agrees to provide or cause to be provided the Village with a two-year warranty bond for said repairs, including replacements. 5.06. BCRUA will construct an extension of Jackson Street from the terminus of Bernard Street to the boundary of BCRUA's property and install sufficient paving to allow a turning radius for emergency service vehicles as approved by the Fire Marshall and as generally show on Exhibit H. Further, BCRUA will pave the portion of Sherman.-Bernard right-of-way shown in Exhibit F and the portion of Sherman.,Lime Creek Road right-of-way shown in Exhibit G. 5.07. BCRUA has agreed to modify its project design to contemplate the extension of the Bernard Street cul-de-sac and expansion of the existing roadway pavement at Bernard Street and Sherman Street in order to provide the necessary ingress and egress for the project. ARTICLE VI TRAFFIC AND CONSTRUCTION 6.01. At least 30 days prior to the mobilization, BCRUA shall provide the Village a Traffic Management Plan ("TMP") which shall be developed to assist with the mobility, safety, and construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. The Traffic Management Plan will establish the practices for traffic attributable to the BCRUA Project and Roadway Improvements occurring within Village city limits both day and night. The TMP will be developed with the following objectives and parameters. 6.02. The TMP's objectives are to: a. Provide appropriate transitions into BCRUA Project work sites within Village city limits with focus on providing efficient traffic flow; b. Protect personnel and road users from potential harm; and C. Establish the minimum traffic management levels including any reviews necessary resulting from changing traffic conditions during construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. 6.03. BCRUA shall include or establish in the construction contract documents for the BCRUA Project ("Construction Contract Documents") at a minirnum the following: a. A documented process for preparation, review and approval for revisions or alterations of the TMP; b. Traffic Control Plans (TCP), specific to the undertaking of each phase of the construction in accordance with the Texas Manual of Uniform Traffic Control Devices; C. Haul routes identified for construction; d. No construction or hauling traffic shall be permitted after 6:00 PM and before 7:00 AM, anytime on Sundays, or during nationally recognized holidays; e. The contractor will be required to provide the means of removing mud from vehicle wheels before entering public streets, and to remove mud and dirt tracking onto the roadway upon discovery; f. Loose trash and debris must be disposed of properly offsite; and g. Pre-construction photos documenting conditions of right-of-way and each road to be used by the contractor shall be provided to the Village City Secretary before work begins. 6.04. The TMP shall include at a minimum the following: Contact information, including after hours, of the Contractor Project Manager, BCRUA Project Manager, Onsite Project Engineer, emergency services and other identified stakeholders. 6.05. BCRUA and all of BCRUA's Contractors and Subcontractors performing work related to the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits agree to comply with the terms and conditions of the TMP throughout the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. 6.06. Hauling from the Site 8 shall be along Lime Creek Road to the North. Site 8 spoils shall not be hauled on Lime Creek Road within the Village city limits. 6.07. BCRUA shall take delivery, stage and construct all sections of the Intake Facility outside the Village city limits. BCRUA agrees to remove spoils, transport large equipment and sections of the Intake Facility via barge. 6.08. Except as provided below, BCRUA agrees that no concrete or ready-mix trucks may queue or idle on the public right-of-way within the Village limits with the exception of: a. Up to two (2) concrete trucks used to grout the Tunnel at the Intermediate Drop Shag temporary construction easement. Trucks must stage on the Intermediate Drop Shaft temporary construction easement. Trucks shall enter from the North and depart to the North; and b. during construction and erection of Maintenance Building. Trucks shall enter from the north and depart to the north. ARTICLE VII SAFETY AND REPORTING 7.01. BCRUA agrees to provide to the Village 24-hour emergency contacts during the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits. While construction work is actively proceeding, BCRUA shall maintain an onsite individual with authority to immediately address emergency issues and Village TMP concerns. Should the onsite individual not be able to resolve the matter, such issues will be brought to the BCRUA Project Manager and the Mayor of Volente. 7.02. BCRUA shall establish and maintain a complaint triage process with designated points of contact and response for any concerns regarding the construction and operations of the BCRUA Project occurring within Village city limits. 7.03. BCRUA agrees to install a perimeter fence that is eight feet tall at Site 4. No razor wire or cyclone fencing shall be used. ARTICLE VIII GROUNDWATER WELL PROGRAM AND PROTECTION OF PRIVATE WELLS 8.01. Recognizing the importance of private domestic groundwater wells in Volente, BCRUA has offered to establish a groundwater well monitoring program to proactively categorize and identify groundwater wells. The groundwater well program would include an inventory of existing wells within 400 feet on either side of the Tunnel. BCRUA has contacted property owners with private domestic groundwater wells within 400 feet on either side of the Tunnel multiple times seeking voluntary cooperation to collect additional information including water level and water quality data on these wells. Volente understands that the success of the program depends on the voluntary cooperation of the affected landowners and Volente is not responsible for residents providing BCRUA access to wells on private property. 8.02. In the event that the construction of the BCRUA Project directly and solely causes damage to groundwater wells within 400 feet on either side of the Tunnel, BCRUA will address the issue by one or more of the following: a. engage a well driller to evaluate the issue by water level measurement and pump test; b. lower the pump; C. deepen the well and.-or replace the pump; d. construct new well, and+or e. provide temporary potable water delivery. ARTICLE IX VOLENTE'S ACCESS TO WATER The Village is not included in BCRUA's plan to provide a dependable and adequate source of safe drinking water to the Cities; however, the Cities and BCRUA agree to not oppose the Village's future endeavors to secure dependable and adequate source of safe drinking water for the Village. Therefore, after the BCRUA System is constructed and operational, Volente would like access to BCRUA's safe drinking water. The BCRUA agrees to consider any such request in good faith. ARTICLE X REIMBURSEMENT FOR PROFESSIONAL SERVICES 10.01. BCRUA agrees to reimburse Volente for it cost of engineering and attorney's fees for the negotiation and preparation of this ILA, review of engineering documents, and professional oversight. The amount of the reimbursement is $90,000, payable within ten business days following the effective date of this Agreement. 10.02. All fees and costs related to BCRUA applications and permits submitted to the Village will be handled in accordance with the provisions of APPENDIX A - Fee Schedule to the Ordinances, as amended. 10.03. BCRUA will provide the same periodic reports on the status of the construction of the BCRUA Project that is provided to the governing bodies of the Cities. These reports will be sent to Volente's designated point of contact on the same day as sent to the Cities. BCRUA will provide an invitation to the Village governing body for a representative of same to attend all Project Management review presentations that are attended by the governing bodies of the Cities. BCRUA agrees that Volente's engineering representative will be permitted to attend Project Management review presentations attended by the governing bodies of the Cities that involve the BCRUA Project occurring within Village city limits. ARTICLE XI APPROVAL OF SUBMITTED APPLICATIONS AND PERMITS 11.01. Volente acknowledges that BCRUA has submitted the following applications for approval as of the Effective Date(the"Applications"): a. Rezoning Application dated July 24, 2019; b. Conditional Use Permit Application dated July 24, 2019, Exhibit A.2, including subsequent amendments and revisions; C. Site Plan Approval Application dated May 15,2020,90°'o plan documents received December 18, 2020, including subsequent amendments and revisions; d. Application for Variance dated April 13, 2021 requesting three (3) variances, including any subsequent amendments and revisions; C. Site Development Permit Application dated April 13,2021,including the 954 o plan documents, including subsequent amendments and revisions; f. Construction Plan Review and Inspection Application- for the Maintenance Building, dated February 26, 2021; g. Two Right of Way Use Permit Applications dated February 12, 2021, for the Bernard/Sherman and ShermardLime Creek Road intersection widening, including subsequent amendments and revisions; and h. Miscellaneous Building Permit Application dated February 12, 2021, for construction of the Intermediate Drop Shaft within the Village city limits, including subsequent amendments and revisions. 11.02. Volente acknowledges and agrees that all of the above applications and submissions have been approved for the construction of the BCRUA Project and Roadway Improvements, and will be promptly issued to BCRUA in accordance with Village Ordinances. Volente also acknowledges and agrees that in the event that it does not approve any of BCRUA's applications and/or submissions for the construction and occupancy of the BCRUA Project and Roadway Improvements in accordance with Village Ordinances, including the trade permits referenced in Section 11.04, such non-approval will be considered a default pursuant to Section 14.01. 11.03. Volente acknowledges that the Cities have the power of eminent domain, that Site 4 was acquired by the Cities on behalf of BCRUA for a public and governmental purpose, and that Site 4 is more than five acres. As a result of the foregoing, Volente acknowledges and agrees that pursuant to the Volente Ordinances, BCRUA is not required to replat Site 4. 11.04. This ILA sets forth the exclusive list of approvals and requirements of Volente applicable to the design, development, construction installation and operation of the BCRUA Project as represented by BCRUA's application submittals, with the exception of necessary trade permits issued to the contractor as required by the Volente Ordinances. Upon execution of this ILA, BCRUA is entitled to proceed with the construction and operation of the BCRUA Project and Roadway Improvements in accordance with Village approvals received. In the event of a conflict between a Volente ordinance and this ILA,this ILA shall control. Notwithstanding the foregoing, nothing in this ILA shall be interpreted as to impede or limit the Village's lawful authority to enforce its Ordinances, issue stop work orders, or revoke permits whenever work is being done contrary to the provisions of the Ordinances as they exist on the effective date of this ILA. In the event that the BCRUA changes the nature of the BCRUA Project, such amendment must be authorized in accordance with the Volente Ordinances. 11.05. The approvals and permits set forth in this ILA shall be in effect for a period of seven (7) years from the Effective Date of this Agreement, provided that after the expiration of seven (7) years, the permits shall be extended for one or more additional two(2) year periods as long as the BCRUA Project has not been abandoned, until the BCRUA Project is complete. ARTICLE XII DISPUTE RESOLUTION 12.01. The parties desire to resolve disputes arising under this Agreement without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. 12.02. At the written request of either party, the BCRUA General Manager and Volente's Mayor shall promptly negotiate informally and in good faith to resolve any dispute arising under this Agreement. 12.03. If the Parties cannot resolve the dispute within sixty (60) calendar days after the first negotiation meeting, the Parties agree to refer the dispute to a mutually agreeable mediator. Each Party shall pay half the cost of the mediation services. 12.04. The Parties agree to continue performing their duties under this Agreement which are unaffected by the dispute, during the negotiation and mediation process. 12.05. If mediation does not resolve the Parties' dispute, the Parties may pursue their legal and equitable remedies. 12.06. A Party's participation in or the results of any mediation or other non-binding dispute resolution process under this section or provisions of this section shall not be construed as a waiver by a Party of: (1) any rights, privileges, defenses, remedies or immunities available to a Party; (2) a Party's termination rights; or(3) other termination provisions or expiration dates of this ILA. 12.07. Nothing shall prevent either party from resorting to judicial proceedings if(a) good faith efforts to resolve a dispute under these procedures have been unsuccessful, or (b) interim resort to a court is necessary to prevent serious and irreparable injury to a Party or to others. ARTICLE XIII INSURANCE AND LIABILITY 13.01. BCRUA, and all of BCRUA's Contractors and Subcontractors performing work related to the construction of the BCRUA Project and Roadway Improvements occurring within Village city limits shall provide the following insurance policies throughout the term of the Agreement, and shall provide to BCRUA and to the Village on request a copy of the insurance policy or relevant excerpts thereof demonstrating compliance with this provision. Volente may require production of and BCRUA must produce policies, policy excerpts, or certificates of insurance before the commencement of work, during any stage of construction, and within two years after completion of the BCRUA Project and Roadway Improvements: a The Village of Volente shall be added as an additional insured on all policies issued for construction of the BCRUA Project and Roadway Improvements occurring within Village city limits, except for Workers Compensation Insurance. b. Worker's Compensation providing statutory coverage and Employer's Liability Insurance providing limits of One Million Dollars($1,000,000)each accident,One Million Dollars ($1,000,000) disease-each employee, and One Million Dollars ($1,000,000)) disease-policy limit. C. Commercial Automobile Insurance providing One Million Dollars ($1,000,000) combined single limits covering claims for injuries to members of the public andior damages to property of others arising from the use of Contractor owned or leased motor vehicles, including onsite and offsite operations. Limits may be satisfied using primary and excess/umbrella policies. d Commercial General Liability Insurance providing limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, covering claims for personal injury or damage to property arising out of any covered act or omission of Contractor or any of its employees or subcontractors for whom Contractor is legally liable. Limits may be satisfied through the use of primary and excess:-umbrella policies. Such policies shall be"occurrence" and not "claims-made" policies, have a deductible amount of no more than $10,000, e. Contractor's Pollution Liability (CPL) Insurance providing limits of Two Million Dollars ($2,000,000) per claim and aggregate. CPL coverage will provide for liability due to pollution conditions caused by Contractor and will include coverage related to the remediation of pollutants and for third-party claims alleging bodily injury andor damage to third-party property due to pollutants. Claims made coverage will include a retroactive date that predates all Work executed per this Agreement. 13.02. Certificates of Insurance ("COI"). a. The Parties shall provide a COI evidencing the required insurance policies, limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 13 and its subsections. Certificates of insurance will reference the project name as identified on the first page of this Agreement. The obligation to furnish CON is in addition to the obligation to furnish copies or excerpts of insurance policies as requested in accordance with section 13.01. b. In the event the COI provided indicates that any required insurance will expire during the period of this Agreement, the party shall furnish, on or before the expiration date, a renewed COI as proof that equal and like coverage for the balance of the period of the Agreement and any extension thereafter has been procured and in effect. C. In the event a COI evidencing the renewed coverage is not available prior to the policy renewal date, that Party shall provide a COI to the other Party, within thirty (30) days of the policy's(ies') renewal date(s). d The Village shall be notified immediately if any required policy has expired, lapses or been cancelled. 13.03. BCRUA agrees to require its contractor to keep the aforesaid policies in full force and effect throughout the term of this Agreement. ARTICLE XIV DEFAULT 14.01. If either BCRUA or Volente should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a minimum period of thirty (30) days to cure such default. If the BCRUA remains in default after notice and opportunity to cure, Volente shall have the right to terminate this Agreement by giving written notice thereof to BCRUA. If Volente remains in default after notice and opportunity to cure, BCRUA shall have the right to terminate this Agreement by giving written notice thereof to Volente. In addition, Volente shall refund to BCRUA any funds paid to Volente pursuant to Section 10.01. ARTICLE XV GENERAL PROVISIONS 15.01. Authority. This ILA is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 552.001, Texas Local Government Coda. 15.02. Severability.The provisions of this ILA are severable and, if any provision of this ILA is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this ILA shall not be affected, and this ILA shall be construed as if the invalid portion had never been contained herein. 15.03. Payments from Current Revenues. Any payments required to be made by a Party under this ILA shall be paid from current revenues or other funds lawfully available to the Party for such purpose. 15.04. Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this ILA. 15.05. Entire Agreement. Except as otherwise expressly provided herein, this ILA contains the entire agreement of the Parties regarding the BCRUA Project and supersedes all prior or contemporaneous understandings or representations,whether oral or written,regarding the subject matter. 15.06. Amendments. Any amendment of this ILA must be in writing and shall be effective if signed by the authorized representatives of the Parties. 15.07. Applicable Law; Venue. This ILA shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Travis County, Texas. 15.08. Specific Performance. The Parties shall have available to them equitable remedies to enforce this ILA, including, without limitation, the right to obtain a writ of mandamus or an injunction against the other party to enforce the terms of this ILA. 15.09. Notices. Any notices given under this ILA shall be effective if(i) forwarded to a Party by hand-delivery; (ii) sent by any electronic means of sending messages, including facsimile transmission and electronic mail ("Electronic Transmission"); or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: BCRUA: Karen Bondy, General Manager Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock, Texas 78664 With copy to: Stephan L. Sheets Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 VILLAGE OF VOLENTE: Dan Thost, Mayor Village of Volente 16100 Wharf Cove Volente, Texas 78641 With copy to: Alan Bojorquez Bojorquez Law Firm, P.C. 11675 Jollyville Rd. Ste 300 Austin, Texas 78759 Each notice sent in accordance with this section shall be deemed to have been received at the time on the day it was delivered at such address,at the beginning of business on the third(3rd)Business Day after it was mailed, or one (1) hour after they were sent on the same day it was sent by Electronic Transmission, or at the start of business on the first (I st) Business Day thereafter if the day on which it was sent by Electronic Transmission was not a Business Day. Either party may change its address for notice by giving notice to the other party as provided in this section. 15.10. Force Majeure. Parties shall not be deemed in violation of this ILA if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However,notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. 15.11. Counterparts. This ILA may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 15.12. Term. This Agreement shall commence and bind the Parties on the Effective Date unless tenninated by express written agreement executed by both Parties. 15.13. Authority. Each party represents and wan-ants that it has the frill right,power and authority to execute this ILA. 15.14. No Third-Party Beneficiaries. This ILA is for the sole benefit of the Parties. There are no third-party beneficiaries under this ILA except to the extent that the terms of any bond or insurance policy expressly provided for in this ILA may provide,and then only as may be provided in such bond or insurance policy. 15.15. Effective Date. This ILA is effective on the date last executed below: BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: q4n�'_� Nacole Thompson, Piksident Date: ap�- VILLAGE ENTE By: n Thost, Mayor Date: if 1,2 zzZz Exhibits A. Description of Site 4 A.2. Conditional Use Permit B. Maintenance Building B.1. Maintenance Building Elevation B.2. Maintenance Building Floor Plan C. Intermediate Drop Shaft D. Tunnel E. Piezometers F. Sherman/Bernard Right-of-Way G. Sherman/Lime Creek Road Right-of-Way H. Jackson Street Improvements Exhibit A — Description of Site 4 S rr olw,esuee4lnr �Y \ FlfnRr4 rrlwaer rpxF. J rrL,an.VW "" MF K! `\ •JYlwlrie reMRlra J bean rA,t..ac• SnCIrIN rlLLrnORE co * ncserw Z uacrowwo h.ncsr[n ww'e"In gxnl.rlM1a raR,FnowvFwanaw.aR.,rc r..wa�. 1 � j Iola!>ra rwauu 5 y[nurq rvwlucrewv u� �y� r�� rrII f •IIDr[ah JNl E � I4 (D I I - ' '�PigrEa03e nC n1!N I F iG,\,:,:. ! u 1 `sra.w w.r[eiPNnia.frsrru ' � f w.4. 1- � 4ttuk^r4prY*I W4wM,I MF[.Iw + f 4 eit..r::! ri' Srtr[w 'I I1. I rWrlm ttw SY' F ,.\` uveln +'+ ,i� •Now1 r� Fi •r.•rr. � ,xy :� �1� .c! 1 •a.,.u`r:n,. .rilum,luv nlrcr i f I. V - Int[-- -----II lwav�w amsuw[ J n a I I +^ [.M4IVDKGssa+lWILW + pINr IV, _ r,orLLsl I I I .,IlN si.��h try s I I I srgaw, Y I I ! I1I JJJLLL/ vRp[rn nNV r�'rqG q,rl ro u aw+glFe 1 w,n wwMnn.M1c1 I .. + I I i i GENERAL NOTES r ! aur,o.l.+ns.,.nrrmrlr,a l.e Nu.w eaM1lo M.�y,.ru l.IyN,4YIXM1rW Ua MI YM.LL IaY,r t uLolrs rc awlu uw�us ul lrr..lrwi.r 3 s nln.rlr.rlrypyl is rhL VM[.s+Wi[M.ry�ln PARKING n.n,rq t IwLLow nwr a[gAW n.aereRn s IMPERVIOUS COVER � rar.gOUWD + u�c K nrpnr roe.nrvawor Revrons °W N[E w INi wo e r engineers*surveyors r�BRUSITYCREEK J A M(HFR OVERALL SITE PLAN + J - NIERMdNN �� w m°'" /`..1N�•tcr PHASE 2 "�'R*'+ +•.PETRASf� �'a"n0�' RAW WATER DELIVERY SYSTEM �{ qv,plxllr,�Dv part - CA*1 S.rFRF]MIRMANM C+r-� 12 pgs 2019083071 NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER SPECIAL WARRANTY DEED THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL PERSONS BY THESE PRESENTS: That the City of Leander,Texas, a Texas home rule municipality,hereinafter referred to as "Grantor," for and in consideration of the sum of Ten and No/100 Dollars ($10 00), together with other good and valuable consideration, to Grantor cash in hand paid by the Brushy Creek Regional Utility Authority, a Texas non-profit corporation, whose mailing address is 221 E Main Street, Round Rock, Texas 78664, hereinafter called "Grantee", the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,SELL and CONVEY unto the said Grantee, all that certain lot, tract or parcel of land known and described as follows All that certain parcel or tract of land being S 217 acres, more or less, located in Travis County, Texas, as more particularly described in metes and bounds in Exhibits "A", "B", and 'C" attached hereto and incorporated herein as if fully transcribed herein (the "Property"), together with all improvements thereon. fixtures affixed thereto, and appurtenances thereto, including all of Grantor's right, title and interest, if any, in and to any and all rights of Grantor in and to all roads alleys, easements, streets and ways adjacent to the Property This conveyance is expressly made subject to the restrictions, covenants and easements, if any, apparent on the ground, and utility easements, if any, in use by the City or any other public utility, or now in force and existing of record in the office-of the County Clerk of Travis County, Texas, to which reference is here made for all purposes, including but not limited to the restrictions recorded as Instrument umber 2016190622, Official Public Records Travis County, Texas TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto the said Grantee, the Brushy Creek Regional Utility Authority, its successors and assigns forever, and Grantor does hereby bind their successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the Brushy Creek Regional Utility Authority, the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof same by, through or under the Grantors, but not otherwise 3 2019083071 Page 2 of 12 EXECUTED at City Hall,Williamson County,Texas, this the 6 day of June ,2019 City of Leander,Texas,Grantor David Carroll, -ting City Manager Mailing Address P O Box 319 Williamson County,Texas 78641 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the unde i a t ri 1r tary Public in and for said County and State, on this day personally appe r� 4 i nager,City of Leander,Texas Grantor herein, known to me to be the person whose a �i subscribed to the foregoing instrument,and 4 acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 6 day of June, 2019 Notary Public-State of Texas AFTER RECORDING PLEASE RETURN TO: City of Leander City Secretary ,,.. OARA CRABTREE P O Box 319 Notary ID# 10273820 Leander,Texas 78641p My Commission Expires August 24,2019 2019083071 Page 3 of 12 Exhibits to Special Warranty Deed 2019083071 Page 4 of 12 METES AND BOUNDS DESCRIPTION OFA 5.217 ACRE TRACT OF LAND SITUATED IN THE JOHN STEWART SURVEY NO.S51 AND TEM ROBERT FOSTER SURVEY NO.31, TRAVIS COUNTY,TEXAS BEING A 5.217 ACRS (227,259 SQUARE FOOT) TRACT OF LAND SITUATED IN THE JOHN STEWART SURVEY NO 551 AND THE ROBERT FOSTER SURVEY NO. 31,TRAVIS COUNTY, TEXAS; SAID 5.217 ACRE TRACT BEING COMPRISED OF A PORTION OF TRACT 1, ALL OF TRACT 2(CALLED 1.069 ACRES)AND A PORTION OF TRACT 3(CALLED 10.068 ACRES)WITH ALL 3 TRACTS BEING DESCRIBED IN A WARRANTY DEED TO GARY L. GROSS AND WIFE. CATHY L.GROSS, AS RECORDED IN VOLUME 11546, PAGE 1498 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS OLP.R.T.C.T.),AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 5.163 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO GARY L.GROSS AND WIFE,CATHY L.GROSS.AS RECORDED IN VOLUME 12817, PAGE 1043,R.P.RT.0 T.;SAID 5.217 ACRE TRACT DENG MORE PARTICUL kMY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112-inch Iron rod found for the northernmost corner of the herein described tract and said Tract 2, same being the easternmost comer of Lot I, Lake Travis Subdivision No. 6,recorded in Volume 4, Page 157 of the Plat Records of Travis County, Texas (PR.T.C.T.), and also being on the westerly right-of-way(R.O.W.)line of Bernard Street(having a width of 50 feet at this location),and being located at Texas State Plane Coordiaste grid position N310,135,754.8226 and 8.3,057,450.2885; THENCE,South 28 degrees 30 minutes 50 seconds West,with the common westerly R.O.W.line of said Bernard Street and the easterly line of said Tract 2,same being the easterly line of said Ent 1,a distance of 104.96 feet to a I&Inch iron rod found for a comer of the herein described tract and marking the northernmost corner of said Tract 1, same being the northernmost corner of int l2, Lake Travis Subdivision No.2,recorded in Volume 4,Mages 82-83,P.R T.C.T.,said point also marking the intersection of the westerly R.O.W. line of said Bernard Street and the southwesterly R.O.W. line of Jackson Street (having a width of 50 feet at this location); THENCE,South 33 degrees 24 minutes 12 seconds Hast,with the common southwesterly P.O.W.Use of said Jackson Street and the northeasterly line of said Tract 1,same being the northeasterly line of said Lot 12,a distance of 170.19 feet to a 112-inch iron rod with orange plastic cap stamped"Wallace Group"set for a comer of the herein described tract; THENCE,South 51 degrees 48 minutes 33 seconds West,departing the southwesterly RO.W.line of said Jackson Street,traveling partway across the Interior of said Tract 1,same being sold Lot 12,partway across the interior of said Tract 3,same being said 10.068 acre tract,and partway across the interior of said 5.163 acre tract,a distance of 910.86 feet to a 112-inch iron rod with orange plastic cap stamped"Walbaca Group" set for the southernmost corner of the herein described tract and being on the southwesterly line of said 5.163 acre tract; Page 1 of 2 � Ilf aT 2019083071 Page 5 of 12 Description of a 5.217 acre tract(continued) THENCE,with the southwesterly line of said 5.163 acre bract,the following three(3)courses and distances: 1) North 09 degrees 54 minutes 18 seconds West,a distance of 53.10 feet to a 112-inch iron rod found for a corner of said 5.163 acre tract and the herein described tract; 2) North 33 degrees 22 minutes 57 seconds West.a distance of 70.89 feet to a 112-inch iron rod found for a comer of said 5.163 acre tract and the herein described tract; 3) North 15 degrees 24 minutes 59 seconds West, a distance of 189.50 feet to a 112-inch Iron rod found for the westernmost corner of said 5.163 acre tract and the herein described tract. same marking the southernmost comer of that certaln called 2.763 acro tract of land described In a Special Warranty Deed to Jean L Ringer,as recorded in Volum 13203,Page 148,R.P.R.T.C.T.; THENCi3,with the common northwesterly line of said 5.163 acre tract and the southeasterly line of said 2.763 acre tract,the following two(2)courses and distances: 1) North 56 degrees 56 minutes 36 seconds East.a distance of 98.46 fact to a 112-inch iron rod found for a comer of the herein described tract; 2) North 56 degrees 49 minutes 43 seconds East,a distance of 428.18 feet to a 112-inch Iron rod found for a corner of the herein described tract,said point rnarldng the common northernmost corner of said 5.163 acre tract,the easternmost corner of said 2.763 acre tract,and the westernmost comer of said 1.069 acre orad; THENCE,North 56 degrees 52 minutes 06 seconds East, with the northwesterly line of said 1.069 acre track and traveling across the interior of said Lot 1, a distance of 393.94 feet to the POINT OF BEGINNING and containing 5.217 acres(227,239 square feet)of land,more or less,based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July of 2013. That 1. Daniel M. Flaherty. a Registered Professional Land Surveyor, do hereby certify that the above description Is true and correct to the best of my lmowledge and belief and that the property described herein was determiaM by a survey made on the ground under my direction and supervision. E OF LQ 1 Pa'Y oXtiI"El i An Daniel M4FIV, . 3..S,No.5004 a11 The Wallace Group,Inc. 9�oFasl One Chisholm Trail,Suite 130 'BUFi�ti� Round Rock,Texas 78681 Ph.(512)248-0065 22951-PN05.doc 07-29-2013 Date Page 2 of 2 Rr 'V 052 3 2019083071 Page 6 of 12 oil !I f f • ■..� I { ` l 1 \ I 1 a A -0so low ' �� •� at;�ta1 11• 11 � I , l� � t 2019083071 Page 8 of 12 Thence N 51 deg 411 min 33 sec E 28.07 feet to a point on the northeast line ofthe said 10.066 acre tract,being also on the southwest line ofthe said Lot 12 and being also on the southeast line of the said 3.067 acro tract,for a point an the northwest line of the herein described tract; Thence N 51 deg 46 min 33 sec E 351.61 feet to an iron rod found at the gouthmacomer of the sold 3.067 acre tract,being also on the northeast line of the said Lot 12 and being also on the southerly unimproved right-0f--way of Jackson Street,for the northeast eomerof the herein described tract; Theace S 33 deg 24 min 12 sec E 10432 het to an iron pipe found at the northwest comer of the said Lot 11.for a point on the northeast line orthe herein described tract; Thence S 33 deg 24 min 12 sec E 261.75 feet to the Point of Beghwlog and containing 16.562 acres of land,more or less. 26 LA( , �� of r 2016 A&, s�R�+ 047 16 even W,Womack Date ow y oai/s Registered Professional Land Surveyor STDLW iyr pKx Tons No.5025,State of r°a 5025 SUR O. 1'�0 2 nit E-WWMO)EM-160H LM I iUW,16001 F.Wom&= Tta Tor Gond of PYofalaed 1;ard Sum�vt/ IA RegahrCd 14elPeedeopl land Swyon inlhe Sate of Twt 7tryMoybec-OmWeta„tenortiSun 1%.11110MisCMU.Awab%T x78773.(312)2391263 2019083071 Page 9 of 12 16.862 ACRES OF LAND SITUATED IN THE ROBERT SKETCH FOSTER SURVEY No 31 AND THE JOHN S7EWART --r-,- --- -SURVEY-- � � SURVEY No. SSI IN TRAVIS COUN1Y,TEXAS BEING ALL / OF LOT 11, LAME TRAVIS SUBDIIASION No. 2 ACCORDING TO THE MAP OR PIAT THEREOF AMODID \ ;j1/ oa 1 ! IN VOLUME 4, PACE 82 OF THE PLAT RECORDS OF '\ \ +3 ,a TRAVIS COUNTY, IBM AND A 1.757 ACRE PORTION \ 1 OF LOT 12. LANE TRAVIS SUBDIVISION No. 2 ACCOROMG TO THE MAP OR PIAT THEREOF RECORDED IN VOLUME 4, PAGE 82 OF THE PLAT RECORDS OF TRAVIS COUNTY. TEXAS THE RIDwIAINOER OFA CALLiD 10.068 ACRE TRACT CONVEYED TO GARY AND5 HY �• 1 CAIGROSS GY INSTRUMENT RECORD IN VOLUME ,y4 +y 11346. PAGE 1456 OF THE GEED RECORDS OF TRAVIS 1 COUNTY, i& AIR THE F"A111OER OF A CALLED \6 8.163 ACRE TRACT CONVEYED TO CARY ANO CATHY GROSS BY INSTRUMENT OF RECORD IN VOLUME 17817, PAGE 1043 OF THE DEED RECORDS OF TRAVIS COUNTY. TEXIUS 1 4+vby \ / 1.757 Ac..Ev fOPO BEARING COORIUN L BASIS 0 'vS %4 MODEL- OWD 12A1y'w10 83 � GM yp�� `+, 4L �►E � � S rr Ir '1 v,7 41 1: r3 2.978 Ac. n. a Via I; �4p 'N" '� s.. + •! tz 9�S t� 1.757 Ac. •� -� }i 63 erre G w 16 10.074 Ac. i 1r�i // ��.�► �S� w 0 100 200 Approe 670-root Carl r$•��• APPROXIMATE SCALE IN FEET 116 x +y rp LEGEND IRON ROD FOUND o IRON RPE FOUND f e 60d NAL SET Is THIS/SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS ASSOCIATION STANDARDS r AND SPECIFICATIONS FOR A CATEGORY 18, CONDITION U, asa STANDARD SURVEY AS DESCRIBED IN THE MANUAL OF PRACTICE p'C 6,°T E1 a FOR LAND SURVEYING IN THE STATE OF TEXAS. 26 April 2016 STEVEN W. WO-MACK Or Q. seven Warner Womock, RPLS, PLS, NCEES Dole 5025 DATE: 4_26-201 National Counal of Examiners for Englneerlag and Surveyin , b/�r OFI SS% �'�� DRAWN Ov: 51orl Tapas Registered Profeaatonal land Surveyor /5025 suit FILE NAME. 16-000 dwa North Caroleno Profolrronol land Surveyor j L-8043 eA £-Moll: Phone/Taj'1: (512) 636 PROD NO 18-006 3 3 IUNM—\ ../ �' �oar ear.oro+► R w%minPGAIKE. ' �OOIJAE-511111( WEIrl f I 'ROWNGD RQdJNG GRE // I,fi!f �f f f 1PROPOSED SW SEVOICK UNE C � rf� /I /�I� !r!J It a.r - i r i !1 ! I k IFDI 1 '� 1 SW SETBACK I� FOR ,� r ' r r i�f'r�j� i ,E„ LL r� t I T POOH Um I r~ � � I M N 0 750 300 I scala 1" = 150• 1 I EXHIBIT G a }Iti`.f [' *}vr. %.fr ]. .'ya -`�f' _ `ti� } �•ice `• r ,�' — =+'t r4� .. •iso f �� .� '"�', �' �'. � �' '`rte -� J. �� -ir '.'}�'�; •r+ '�. ��r�r'fe;'ff 1 r�1 i�, J�4� � '��:.�f��'��4_ :.�. ��ti:''i _ off. .'' f 'f'I -: �'fy'�' •x' '/=" *i-•�+� � � t� i 4}p+f1.i��l rt7 I*'• .Y. j' w d;'+:' `,l 'i�� - .'i1�'.r.f�M1ul':.• ' rI i L64 �+7 } • •'y r*`'' -�'r r ," a'i '}` : x {jF -.T`"7+ `"� "�f: ntwo "r- }{ i }�' zr ¢` ��`• M1� � } .+ k �� `�_ -�-:�', ,��'�' ��I ��x;irk "`��VM1 '' �' ��. r; 1 l Eb �+-x,i 'i t I'��it }* �'- ♦ . `�h �i,y+l.I' � ' • y s ' 7TH". �f ;rS �.I ��:.,p��-� -,+� f� � •�irfR� �'k��1'1.y,�.1.r." °. � � i'� II .'Y :,�I � 'i WAS -a��,:. 'r._•ti y' " t x .11 S 4 4 f ��r �4 t r�""r �; -r.Y' r F= •" h'F, � ��Y�!�.'"�t.. } _� AL 2019083071 Page 12 of 12 Recorders Memorandum-At the time nrrecordation this instrument was found to he inadequate for the best reproduction,because of illegibility,carbon or photocopy,discolored paper,etc All blochouts, additions and changes were present at the time the instrument was riled and recorded FILED AND RECORDED F'k,L OFFICIAL PUBLIC RECORDS o' r Pv�r Dana DeSeauvoir, County Clerk Travis County, Texas 2019083071 .run 07, 201911:32 AM Fee:$70.00 MEDINAE Exhibit A.2 — Conditional Use Permit VILLAGE OF VOLENTE, TEXAS MINUTES Regular Called City Council Meeting February 17, 2021 at 6:30 P.M. I. ITEMS OPENING THE MEETING A. Call to Order: Mayor Dan Thost called the meeting to order at 6:36 P.M. B. Call Roll and Establish Quorum: Councilmembers Present: Councilmembers Isabelle Evans, Kit Hopkins, Ed Racht, Kristin Ruff and Claudia Wilson, Councilmembers Absent: None. Quorum established. Also Present: Mayor Dan Thost, City Attorney Cristian Rosas-Grillet and City Secretary Sonja De La Fuente, City Engineer Marc Dickey, and Planning & Zoning Commission Chairman Phil Mitchell. The Mayor recommended moving the Public Hearing items to the beginning of the agenda. Motion by Councilmember Hopkins to move items I.C., I.D. and I.F. and Item 2 after Item 3 on the agenda. Seconded by Councilmember Ruff. Roll call vote was taken. Motion passed 5-0. III. PUBLIC HEARING The Mayor introduced Aaron Archer, Project Manager for the BCRUA Well Water Delivery System Phase 11, and he introduced Jared Niermann with Walker Partners. Speaking on behalf of the applicant, Aaron Archer provided a report on this item. Jared Niermann provided additional information. City Engineer Marc Dickey provided a brief report on items II.A and 11.6. and clarified what the City Council will be considering. Planning & Zoning Commission Chairman Phil Mitchell reported that the Planning & Zoning Commission met on February 16'b and shared some information from that meeting. He advised the Commission approved both the zone change and Conditional Use Permit. February 17,2021 Regular Called City Council Meeting Minutes Page 1 of 6 A. Public Hearing - Consideration of and possible action regarding Brushy Creek Regional Utility Authority (BCRUA) to rezone 5.217 acres more or less; generally located at the southwest corner of Bernard St and Jackson St ROW in the John Stewart survey No. 551 and the Robert Foster Survey No. 31, in Travis County and comprising parts of Lake Travis Subdivision No. 2 and 6. Currently the property is zoned "SR" Single Family Residential. The applicant is proposing to rezone the property to "UD" Utility District in accordance with Sec 9.02.057 of the Volente Code of Ordinances. The property will be utilized as the site for a maintenance building which will support operation and maintenance of a deep-water intake. Applicant: Walker Partners on behalf of BCRUA. The Mayor opened the public hearing. Tony Ruff commented that he appreciates both sides coming to the table to work through this and feels this is the best-case scenario going forward. Chris Wilder asked why this is being done prior to approving the final ILA. Tom Blauvelt stated that he thinks a lot has been accomplished and that this is in preparation of constructing the ILA. Arrangement with BCRUA to ensure the intake is constructed offshore and brought in by barge by way of eliminating the need for a Jackson Street extension so less truck traffic down the roads and setting up a maintenance facility is like building a home. Sean Ryan from Sherman Street asked what the Mayor sees as the Village's leverage and if the Village would be holding the BCRUA to the site development rules. The Mayor confirmed the Village continues negotiations with the BCRUA on the ILA and once complete they will follow the site development and building processes required by the Village. Planning & Zoning Commission Chairman Phil Mitchell explained that they are applying for a zoning change and conditional use permit. The Mayor closed the public hearing. The Council expressed their appreciation for all of the work done thus far. Motion by Councilmember Wilson to approve the rezoning of the 5.217 acres as described in Exhibit A from Single Family Residential (SR) to Utility District (UD). Seconded by Councilmember Hopkins. Roll call vote was taken. Motion passed 5- 0. February 17,2021 Regular Called City Council Meeting Minutes Page 2 of 6 B. Public Hearing Consideration of and possible action regarding Brushy Creek Regional Utility Authority (BCRUA) Conditional Use Permit for 5.217 acres more or less; generally located at the southwest corner of Bernard St and Jackson St ROW in the John Stewart Survey No. 551 and the Robert Foster Survey No. 31, in Travis County and comprising parts of Lake Travis Subdivision No. 2 and 6, authorizing the conditional use permitted for Utility District under Volente Code of Ordinances sec. 9.02.057 (c)(3) Facilities required by public or private utility providers. Applicant: Walker Partners on behalf of BCRUA. City Engineer Marc Dickey asked the City Attorney for clarification regarding the exhibit to reiterate what he said regarding the Conditional Use Permit. The City Attorney explained that you cannot enlarge, extend or relocate the use without having to come back for approval. Planning & Zoning Commission Chairman Phil Mitchell advised that the approval of this item was passed by a 5-0 vote by the Commission. The Mayor opened the Public Hearing. Seeing nobody wishing to speak, the Mayor closed the Public Hearing. Motion by Councilmember Hopkins to approve a Conditional Use Permit for facilities required by private and public utility providers as presented in the applications submitted. The conditional Use Permit is restricted to a Maintenance Building not to exceed 3,000 sq. ft., invasive mussel control system, electrical, chemical storage and other associated accessories as per the approved Site Plan as presented in the ILA. Seconded by Councilmember Ruff. Roil call vote was taken. Motion passed 5-0. I. ITEMS OPENING THE MEETING (continued) C. Approval of Meeting Minutes from January 19, 2021, Regular City Council Meeting D. Approval of Meeting Minutes from January 22, 2021, Special City Council Meeting E. Approval of Meeting Minutes from February 5, 2021, Special City Council Meeting. Council Member Hopkins suggested the meeting packet is added as an Exhibit to the Minutes. She would also like the packets numbered. She noted a correction to the minutes of the January 19th meeting. Items F and G were tabled until the next regular City Council meeting and H, I and J were deferred until the next regular City Council meeting. She noted a correction to the minutes of the January 22nd meeting. She moved to adjourn Executive Session at 3:02 P.M. and regular session was reopened at 3:04 February 17,2021 Regular Called City Council Meeting Minutes Page 3 of 6 P.M. and Councilmember Wilson moved to adjourn regular session at 3:05 P.M. She also noted a correction to the minutes of the February 51h meeting. On page two under Item C, where it says conditional use permit; there should be a period after the word permit and the next sentence starts with "Permit needs to be updated to...". Public Comment: None Motion by Councilmember Hopkins approve the minutes with the noted changes. Seconded by Councilmember Wilson. Motion passed 5-0. F. Presentation of committee reports (if any). Mayor Thost expressed appreciation to the community members for work done during the freeze. Councilmember Racht provided an update on COVID-19. He encouraged all to get the vaccine. II. CITIZEN COMMUNICATIONS There was no public comment on items not on the agenda. IV. GENERAL BUSINESS AND ACTION ITEMS A. Discussion Regarding Planning a Council Workshop Regarding Committees, Structure, Charters, and Protocol for Selection of Members The City Council discussed when to hold the meetings and whether they should be held on a Saturday or in the evening during the week. Shorter specific topic meetings will be held with subsequent meetings as needed. Public Comment: Nancy Carufel requested clarification regarding the topic of the workshop. There was a consensus of the Council to meet on Saturday February 27th from 9:00 A.M. until 11:00 A.M. regarding setting goals first. Each Councilmember will provide their list of goals to the City Secretary by February 23rd. February 17,2021 Regular Called City Council Meeting Minutes Page 4 of 6 B. Discussion and Possible Action Regarding Moving City Hall The Mayor provided a report regarding this item. Councilmember Racht suggested engaging the Fire Department in the decision-making process. Public Comment: Nancy Carufel suggested keeping the citizens more informed of what the options are and what the Council is looking at. Motion by Councilmember Hopkins to allow Mayor Thost to pursue options for the Village City Hall. Seconded by Councilmember Wilson. Motion passed 5-0. C. Discussion and Possible Action Regarding Approval of a New Bank The Mayor provided a report regarding this item. There was discussion held regarding various possible banks (i.e. Horizon and Frost Bank). Councilmember Hopkins will help the Mayor with moving the process forward. The item will be brought back to Council for consideration and approval as soon as possible. Public Comment: None D. Discussion and Possible Action Regarding Freeze Damage The Mayor provided a report regarding this item. He recommended amending the contract with Garcia's Tree Trimming contract to allow them to clean up the damage from the freeze. Councilmember Wilson advised that Pete Garcia will come out to assess the work that needs to be done and provide a cost. There was discussion held regarding what is the Village's responsibility. Public Comment: None February 17,2021 Regular Called City Council Meeting Minutes Page 5 of 6 V. ADJOURNMENT Motion by Councilmember Hopkins to adjourn the regular called meeting of the City Council. Seconded by Councilmember Wilson. Motion passed 5-0. Meeting Adjourned at 8:35 P.M. Exhibits to Minutes: Meeting Recording: https:/Ius02web.zoom.usirec/share/whJ HJvOLexkv- UAOpWcWAPKShPiVOOZNKN966NnThcW1 KIPNXT--faoi2OJa3s2P.-C47w- DKtDzmogSS Meeting Packet: https:l/www.villageofvolente-tx.gov/vertical/sites/%7BAl 2E976C-9CE3-4BFC- BC01-DA09425A5BE6%7Dluploads/February 17 - Regular Meeting Packet.pdf Approved this 16th day of March, 2021 Signed: Attest:. Dan Thost, Mayor Sonja De La Fuente, City Secretary February 17,2021 Regular Called City Council Meeting Minutes Page 6 of 6 Exhibit B. 1 - Maintenance Building Elevation pC71 � '�.�`` 0 • d O �w.- ----------- ---- O '9 _______________--------------------- i�10 O =-=___-=__-=_-__=_-= I I 2 1 1 a i 1 p B I 9 1 1p I A JA kf I '.E r. 1 KEY NOTES __ __ __ _ . 7 pLL1YAGE PPEx NG RE SIRLI[l V0.AL 3 MkfAl kGp P4Yt15 ' IOPM MASON�RY�, 3 METAI CANNY i6a 75' a FACE MICR Ip S GSTSTCNE UNO 77!�O3 TOP CF SLREEYMETAIGxTTFR ................. MEWFwwYsrour IS !STOHEPIASEEE I I GST STONE CAP 1104CWE FENCE NE OVIL 17 CIIL.Cl.uMC P Ill O.RE M0.o9 17 u4NrinanlRE- 1a GOtLARPS PC CIVIL :6t%1VER RE-NVAC- 16 co"'WALL EE STRUCTURAL x T SE[URRY GMINA,A[EI[CNwK L 0 i Is NORTH rrP " E F LEVATI F 7N 75 I a T[N of 6[6EEN WALL MASOHRY Ma11 h L';r IIx IT" F7�I�.. — +IW 7N r S _ —__—__—_——__—__—__—<<—____—_--— _ CONTAINMyN'Pla 1. sa — 6a WEST s c ELEVATION � xra,ua A7 km.w.ry Iry BRUSW CREEK —L FLANACAN 7 1 EXTERIOR ELEVATIONS 2 KTxOMPSON FREESE ITTIITY AUT400.:,7Y s c INO0.V :\;+n°„ PHASE 2 N MIWCAH INICNOLS a601 M31 .FV G[SC•: P4: WPCI917M — DATE KE MPWN RAW WATER DELIVERY SYSTEM AB 7 I a I i r I F I f I To I I1 I lT I 13 1 lA KEY NOTES l wauuPLNwG 1 MLIILL NOO/PAlA 11 3 METAL C. a FAul L 5 CASTSTDNE E 6 110NE AYLEER 11 T METAL GUTTER 1 6 MEAL bOWNSPOUT I 9 STONE/MIDa MLASI ER I , S GST STDN[Gv E Ll DODR(S)ASSOFEOULED t cNu 1 S I TOP Of SCREEN 14 PiP[PENf(RATION WAII MgGOMRY V t l a — I FIN_FLOOR& W E5T ELEVATION c h F 7 a E6 a i BRUSHY CREEK eng veers.eu•-Art's �f,w 1• E.FLANAGAN REG'ONAI LTILITYALrr4ORITY 1= KTNOMPSON FREESE 'I ,. - EXTERIOR ELEVATIONS L TNORVPHASE 2 :• r} AWKNOLS aDI E t KMI{L1GN M DATE rE,.S} ,,,, RAW WATER DELIVERY SYSTEM AB 8 � .. oAEe WPRl917Ag Exhibit B .2 — Maintenance Building Floor Plan 14 1 is GENERAL NOTES A 1. AEFERTOA4 FDA GENERAL NOTES 2. R[FE R 101LECTRICAL-VRCANDPLLAYDN6 DRAWINGS FOA ADOTIONAE',NFORMATIOF,. 0 0 0 0 D 0 0 t} -- i KEY NOTES ------------------ I © EXTERIOR BUILDING WALL 12-CMV.AIABAAR,ERYAFGID 0 13yJ '~' INSVLATION.AIR SPA(E. A-VLNEER(REFER TO ELEVATIONS FOR MAtEW U L OO[C. SCRFFNWALL R MA70MRN a'VENFlP[REFER-0 TIONELrllN NWA FORMWVVI IR' 3 A Dr PAVE MFNS,R[ONE 5 ME1N SLAMS RE STRUCTURAL *x 5 STEFLGUARDIRAII B DRAINAGE OPEN NG. Fl T 1A4K FILL STATION-RE SNEET NIS5 0 (peg °' B DOOM AS KKOULED. j' "I / — 9 CONCAEI1ILNCL NLC1N 1 III MGM WALL OPENING. TIL [MCMI[µf!(A E 1 FLOORhATCN SOI I 1 DOwNSPpVT (10 SUMP RE:SHELF ME L STOAAGf TAN.ONCONCAI v[Of5TA1, 4a L ER-Aust DUCT•RE.-VAC l 'a"DOD' IEA/ L FLOORORAINS.RE PWMI EMERGENCY SMOWER(FIE WASH RE.PWMMNG 1 A t UMSTRUT WI; RE EL(R0.CAL. OLLRR05 IL CONCRfl(vAYf AVEMMf Nl-4Ci_RAI E STgU n,v R A' IO a Z V CURB B SIDEWAY.RE:CIVIL LEGEND b I TYP O1 OPCNrhG OES,GNATIDN AEr[0.TO SCN[DVIC DRAW TNG A417 uP uP " YA N O 3 9• 1 _ ti W S 9fYA` VP 'P tOxnwMfNT PRl CONTAINMENT PITT nP )I v I IE z t ee' a• IF Y s ®. �Wa11�erParmers BRUSHY CREEK f.FLANAGAN RI L'TILfr`I,El.l LILY F OOR PLAN —' RT"DMVSON FREESE 3 c r-aty A,'�.'•Prh`,:A PHASE 2 y' AMLu,C N MINICHOLS DB"xaxl RAW WATER ASE 2 DELIVERY SYSTEM AB 3 N IN w*1 WPtl917AB DAT! RFVI MOMPSDN Exhibit C - Intermediate Drop Shaft TMfiGI°M au°yL6 F lx•IIWa Cp61xV(I �, x MNwaMHtl 17, f � f w -IWLM(rT- s' ��fRA`�[�t[`Lu• y Cpd,WCr.—f— -------------------- _r= �INIwM( !f V 1 __]_�'� � __ to Is Para= ,xHlx loP.a+Rrc+c-r r[xlaWxN»arn J,IM(PMxILPhf,x11nyN1[A414[M nIwHLPIJfFf gcL[Iolcanuyngxp ow auxnl.H yFuullxan xP,wL¢L[PJP xcxnLwvaMPPJlsxlt waHnrn,o a Mc1P(nluvJr tPrn•q al�vwt*vx q[Murwracx[r!rorl•wraln rxxx[I.xlrFxrdslnlPx n n faits aPd110xw AFpwxIM1h11 I.vMIM[Ia1 w,f lt•II Max1x W]AHI![fYnxltxl uru ttncwM Itwbw,NnW W N tt W tl- .cpnx.cra Stun raxl rxwocA.nRq 1M rlMraulnmlRrnlR,xwfM�fNa lH r�m..a,aHLM}calRrwnbv.x°swx.r lc(Acwux ,W IIf,YJ.M6 AxplxxJYln Mwr H axgNd Al xp(d AMM WIIxH l W 11 Mrwn[PM,NU[[xIN F4114[M hp1xF+1f WII a rNUINOaxa MPv,Fpmlq IMIw1H[CNf1x[C'RNI LAMMIM xCllblf Iwa[x[Fx MMdN41SA wxr,lxi[xS N NpxbaMM L[nM,lanP.SNxII IIMCL rW Ilwllp lM VNMI ALLAp[M riMroaur[pnlrnloA GYMIM NnxAMwrSN trt CxAwl�r-lxw lH xltt(xAw�Ixx Nt NYli1Gr11wMxINx[M 111[RMWK[JfyPOa MP,•Ilfl.lxl Lxtlhwn lLV:[1W1w1,s(•1[WxL rullNµMa[xlP,W luyx[Gxlp lxF„rxt ONaLLfxxlw Ills IIMrpRH,[PxllxV[1pI1ANMin1 ]OPNixhlP•Sx4l rla[,atp MyMaW LI,HKx<upwP lLL tttlINT[rgI„[art un l,A<MIP[PM,xJrlpx lMtlVlcnlxl NlnM[f.NIF•01P11AM Y� YHM[MASOx[pxM)11 Mv1,HMl,x110 rhCV,pax,011fVxyxn prV,.x°rn Ml[ x uVP arlP plxl,xa[tFnw'P ixl xorPwar MIR,a IMM(PMllly HMw[d IalPxnlYdN w 4 f lPdfl llUfx axP pats V�R1M pfMSIPp rlxxLxlydlar[ Pnrwlaxp lxk It MxPMx,tWIxIRINx1 USIMIhI tLHIMC1Px11MLL 4M°✓L Nlllrf�x4 AxPlWigA a,H al,wx Nl xyxxxN{xpllfw.rMlMaxPgx�lLeil c111KT1w1[uixa(llpaW[APWMLrM I[x1AAYn�MId'14xIu1Pl[111T(NMS-xs,.[PMxLn°x SIWi jy u,COMIaCfOnlPrM(P[IPGrpnw O.PflWl F,1 Il[IrV HTf rnrr ryylHF w.[.rtax wu w4wx lxl fHYi pvglxll RtttMll[P 0 xWMWSxurluaLMW1HS,pq°wNxx rxl T[MlaxAx,[pRlHtill°rl LlSl Mlhl C .ri x m in��ra�surv• on ��BRUSHY CREEK a y INTAKE TUNNEL 'TINT+W,M00.fT,' PHASE 2 rt-AN AND PROFILE 44+00 TO 53+00moms A x. J NI(IIMAMN I' ave[..,ox " y _ '•nernnsrl °'R"=02' RAW WATER DELIVERY SYSTEM TC-7 FNI,1 f u1Md xNM4V,x Exhibit D — Tunnel M+!IREM Iwr°r[MIRI RM HRR au Fpwfm[ .___�__. fartOvf. Nkl`f. p00h6 CdRYNUR UAIf ' rRREx1NN}VN SAML1fIEFR �j "'rl S NwN1AufE f. MK V _— / [GNEAIaARN \ RRnoao R►b LbRECMYI CtlRE:'ROY EfAMIVNwEI(R lDN HRR ECpy EMM1ER ,� HIYITrgHu+ ruRCL.ro F LGpI.ARNNRILR 1 RR(IPC YC+W REN MME JNRl "'A A NIpVMR IE+PCEfgM p[+41rxD C IrRr(kGlrmS wfArfl A .•-ti_ ruHsrawn sno•rur� ' �-. RERRnRPEr ryy _-' raRR LK'rrEE.Ra '•m euEErlc Ew.RLIN URLLI ErtrElgw O IERAI•Lff S RcwuaRNRr.NR .�LL NrsrarJw .PR`!L• SAND qff/ „� f fuLTAr,.E AREA CODES. R A B NIWWNAE NE .'a 8 RYINfEhANCE UXOIX4 � S i C MW WATER INTAKE TUNNEL } 1 0 RAW WATER RUMP STATION AND CHEMICAL lURD4NG l I E�a/ E CEDAR PAAK WTP 1 Gi 11 i RAWEYMERIMNSMISSIOH TUNNEL AND PIPEUNE i n 4 SANCREER WTP H 9CXUA WTR ✓/J/I I JACKSONOYSTREETEXTENSIDN S l ROADWAY IMRROVFMrY[M[XR M MEL ^ SCHEDULES Z DETMLS �r ® a� Nw�.NI..r .Dginee ra*.urvoyors , s BRUSHY CREEK ' """"NS - OVERALL PROJECT KEY MAP ryw� I.CNAISTENSFN "SRIµUTWTT A[1Ti1dIEST T 41E5[KE �� +EdaT7n �_— PHASE 2 g •RE RASEK RAW WATER DELIVERY SYSTEM G-5 . i I saDNm R E.faHE r Exhibit E — Piezometers .l --- }' IE. + .. f wit ti � LB-2 ~; 0 LB-4 + } AN UJI 76 Z *f~ 4 + rT ^II4 ` LB-3 _ r NOTES I. BASEFILEE,INCLUDING TUNNEL ALIGNMENT AND AERIALPHOTO.PROVIDED BY WALKER PARTNERS ON 0OORDINA LEGEND 2 COORDINATES PROVIDED ARE IN TEKAS STATE PLANE COORDINATE SYSTEM,CENTRAL 20NE,BASED ON % SURFACE COORDINATES USING A COMBINEO SCALE FACTOR(CSF)OF T.000131GRID x CSF•SURFACE). w,..�.1aw awrr Ien nomva 3. PE PHASE TEST BORINGS SURVEYED BY SURVEYING AND MAPPING.LLC. A PLANNING PHASE TEST BORINGS SVRVEYEO USING A HAND HELD GARMIN E-TREA VISTA GPS DEVICE AS 1' ,wu ntsiu.w.n�u�ew'.c NOTED ON THE FUGRO TEST BORING LOGS. 3. FINAL DESIGN BORING.00AlIONS ARE BASED ON SURVEY DATA PROVIDED BY WALKER PARTNERS ON A..GUST 9.2019. K 6. ONLY DEEP BORINGS.00ATED WRH W 250 FT OF TUNNEL ALIGNMENTS ARE INCLUDED IN THIS FIGURE. 7. LAKEtEVEL NDICATED IN THE AERIAL PHOTO DOES NOT REFLECT THE NORMAL CONSERVATION POOL LEVEL g OF LAKE TRAVIS. i M raw X_ �Wa�kerParrnm ��CPa eng neers a surveyors GEOTECHNICAL BASELINE REPORT h, bel IPS K[uDNuururr.un+DFrtT INTAKE TUNNEL BORING LOCATION PLAN SD PHASE 2 26+00 TO 52+00 loa�o M OKHOLS RAW WATER DELIVERY SYSTEM FIGURE 7B i v �. lk,,"4 41�— All �'�, � ROOQ PINn 9 Xl-lz NOTES 1. BASE FILES,INCLUDING TUNNEL ALIGNMENT AND AERIAL PHOTO,PROVIDED BY WALKER PARTNERS ON 01/27/2021. [[[888 2. COORDINATES PROVIDED ARE IN TEI(ASSTATE PLANE COORDINATE SYSTEM,CENTRAL ZONE,BASED ON e r LEGEND SURFACE COORDINATES USING A COMBINED SCALE FACTOR(CSF)OF 1.00013(GRID K CSF•SURFACE). 3. PE PHASE TEST BORINGS SURVEYED BY SURVEYING AND MAPPING,LLC. mo 4- PLANNLNG PHASE TEST BORINGS SURVEYED USING A HAND HELD GARMIN E-TRE%VISTA GPS DEVICE AS ro.r otarw wrvc rzrr�n¢ NOTED ON THE FUGRO TEST BORING LOGS. cwncwa.ur S FIINAL DESIGN 20 By RING LOCATION$ARE BASED ON SURVEY DATA PROVIDED BY WALKER PARTNERS ON 6- ONLY DEEP BORING$LOCATED WITHIN 250 FT OF TUNNEL ALIGNMENTSARE INCLUDED IN TH5 FIGURE 7, LAKE LEVEL INDICATED IN THE AERIAL PHOTO DOES NOT REFLECTTHE NORMAL CONSERVATION POOL e LEVEL OF LAKE TRAVIS. 4 Parmm engineers ,` BRWff CRR GEOTECHNICAL BASELINE REPORT �Schnabel y eEGONAlL7rILmMligsiY INTAKE TUNNEL BORING LOCATION PLAN f soFREESE PHASE 2 52+00 TO 78+00 ate.n. 10 sTo MWICHOLS RAW WATER DELIVERY SYSTEM FIGURE 7C Exhibit F — Sherman/Bernard Right- of-Way 6 1 l 1 a I P 1 10 1 11 1 12 1 17 1 la 1 is I 16 P P" nlwan nxtelrl.q It $ sq b t.M11.r4 u'l n1•..iw n=1A. le 4YV•14x1 r ! �/� � O�/�� a4xc 1tME run -:•s- 3M I.`°alSi4eo°'�oia�'0" {r �/ '•Rti�w -=`> '. BERNARD STREET _ l.4„�. 1 �, ,wan• Ji.'•[ �i ..tt•k,Rlynuw4[rt�hxl .- �l.4 xa'waw•r TYPICAL DRIVEWAY PLAN VIEW wn,xw� I � I I•wu,C ns[4»:: M1.r.41tw o r sw�•.•r,I44..Er sral,oJ iron T r� 1-ru.lu[ TYPICAL SHOULDER DETAIL �A1 H xrJ z' iw'a Sii•,w w1�di,J'�ir;3ii�lw _ isM1k.Elu C 1 y' o.,dvrouw. •vr. 4 JI•,n, 1•,I.el.x 31 N'lt ry+. G ' u.ssn u,xrnl.x ,I nu Jy.r W 4]•N•1 Gfw,ww 11 Sl't! ail' Y11 S..,w.w — � frp '1• C' .Mb, f.]!t! ole.. f 6 1•,JJ} hv.,Yx, Il J4'll nJ IT r f' 11•fSp [ 1•f lMw }.fi Sr .M t! t�fVLr }.Cl li h n W,[Rx 1-11 ]N!6 �� pTsrg3 3 � ,x•sx-4 +wxl.wex 'us.r GENERAL NOTES s pal ir alt �>.!K 1[OxIMCi0,1r•LL,A4M1lAw r.Cfk4410 NiE1lalw4 rKNTk� S lJ i.l N' Y fa[lidNAM1 wn-•/ .x'i Ml npt.tt Owutq w1xln]x[wow N[nl.C.SO <OM1Sn4Crp. 1[OMM[10.ixy1'.mrp TN klvSiw410W q I.rF•aEl. M Sw.Y..x [rvalgx w.r.rYRCYI Y Ii.HY G Ll.. AS'll [x„OOr r.w4Wwr40M1 YOhSIlw..IM.M1O1M.r.. K Ji41H C[L[bUN }JS'll xY x' 1Y11,x1lnn.,w[xwAueSYr.OwOn MS.11M1 fY• ]3•aew GJ•rt4k.x }J S'll xY 1' •L4l.p,.lw•41l HPpw q MSI44M1 l,{4 M1,w4 'YGx Gurlleux[ .10x1441x}J 111 r�11•x lwkvll•41 q vIXlxllS EOM w - YGM1 S}.[•!tRMYr4N'RO4+n rpla O.OwYCLA.00n104N t'J}lRa1L ylyw,e,HR9M1 ' Ix[a!ln., f06.lalNllwNNn 4-COMYC,0,1N4S G:YON a.Mw•r t4l4,rS xRrn�Nr.S1 • 1I4R1pK[l'MR.uCila,l,CIrYRN14,l CO4h[ll • pwx•(1xp4G1M1n w{x!IMp!!•Ot[!ti W if.RWmE9 N IA q Mk.0,-IMpM1 Y�lrtl}OM,.r•yyRlx[f+1-A' @Walker Partners CREEK F.i1 `'^N�o engtneexs.sEtreyors _ `;; BRUSHY .rREEK INTERSECTION LAYOUT FREESEwµ'36i�6 ' BERNARD AND SHERMAN STREET SHOULDER EXTENSION I. osnar a f� PHASE 2 Nx4x0 k Y, .4 a uxrw oaa Wn g"e rM INICHOLS ' M °` � 1 Ei uTMG v� IA RAW WATER DELIVERY SYSTEM CI-28 Exhibit G — Sherman/Lime Creek Road Right-of-Way s 1 0 1 s 1 1: 1 r 1 a I v I fo I 11 I u 1 ff I fa I is I is [gMR1[rM rp}aW N[CFax IQ YM r°IMriny[npr •MRf a Wy 4 I y les'xclwpwAr irww[n[K>D 11 rr B nIKu11 surerr�JCW�KD +,"nCf�+•"I[�' arlcw, n nM"+.uMm r ru'mu :iiflwaxl�i'+� TYPICAL SHOULDER DETAIL n c E,IeM[x[IS LIME CREEK ROAD YI x,U-a,qe • x, gIM[rwFYtal ualexGaM0leGxayl "[e°gIIp aVxur" NFM Ir I;T:'�Hf'4'.II ''qr"cw ^� Mfr+ sxwu�ala., ^r`s'^"'^'ras[wxrlwr ° 1xn.ww,.y.na�..+°HW'x fu xonl [1 O r aa• Sri i 0` Svwnu. � �.- \ ra nsst'ywmaF w Ir nrffol O Nl INrw IrNlnll / 00 0;7.w0 _ EfxiYl.x laf � ► H O E z 1.frMW I / (LWfirlr 1r / 16gGrf•mTixf SIM M{ri1' / 4x.N _ •fM[WV � I / 15 LAND PAVEMENT MARKINGS AND SIGNAGE n BERNARD STREET AND LIME CREEK ROAD a GENERAL NOTES f io«iRn.s.rn.[°�sew[rvo�.Mmsyswr[° i d,n+wnM Sr,Yi rxMO1.1 r"bl•,Lfal b"a",MM ' � srw newMes•r.0 rwreettee flxl Hr. .wr.�nxF°arrsu al.nfYq•Io.rflnflf.,<F s•af.a iuun°n n1••.gyes.Kefwxr 1,r•1 yas.ee. • F slxeyWlann(K sengxfgWF96x-xf N'raNux ugyNFutxrs Y'Igen,x rx[uuay n veuMFs�r., Mo-wwst wanlgcx f:rff.mfa f.°wn'+srnox I.s rm a le ®_ ®Walker Partners #:s:5 �•-•� ^� engineers-sf.raeyors f+`~ �'•;,' r BRLOCREE _ INTERSECTION LAYOUT E.oausOra FREESE "-' SHERMAN AND LIME CREEK ROAD SHOULDER EXTENSION C.Tx[YINO MINICHOLS �f,' C�: :` °En°na:F az tw.tl^ar PHASE 2 �t:.: .1+ stt..ro. ww • - w.nsi:ee —o.TE EU2.lETHG.PAEAspTa RAW WATER DELIVERY SYSTEM Exhibit H — Jackson Street Improvements 1 I 7 I 7 1 4 1 s 1 s 1 7 1 s I 9 I 10 1 11 1 17 1 11 1 14 1 is I ]s rrn.u.n,n..• 11.:1.514 � 6' 6' s[ / / xP WYI».Ki!°w •UNI V.Y ituRr•IW I.puCrP Ha IY• MIXttt txlruUwL� / 4u9lStp Mai[xlmiML a C,N(ar,.�°� a, tr.11n 19n tr / / \ r9[Ur\nnl4w iMNyx4N Itd,Y r44' I1.PK tnlpn 'r• ^ NI gINL T•n 5x151 / !°r � F a�[IMl�i wlfxl lRURfM••Ik1•..'rn.' I1HJ]r ]r.wn 4 AIBBOIV CURB DETAIL W,o )tl P / ! p aua[d+riuMllgNltpNYroP 11.111} IDf°n 9 •glrp4[Y[ 61 N°°lr r ca S=.uC,�WrFMI•p.prn a,IP°• .rNwx4w.0 / c / �owctuuyn ttl.r"�'coa+w mi s°ix.uiLw uu sr.lafL1. L.I slnm alt �j,w locwl _ of slnvly xvu / y vl aianr- r \Karl cfNc\nr+v'�n a>,n eu•Id wa'aldw r•n.Irclx � � / dr.1°sYa w�Lr lxolxt.IWtW•.n•nx� 'ir oatlxay....u.....rp4 / h - ufaa.rp Mnwunp d' % •YO// / iiiiuw'f �~ Lia N•n l9 vrnyrnws+atvwr orrw5 dr uvlr dl f°p e} n.y.CrVnl rO\I MI•MO+lO �� 'a/ /� Gj:11f I1xIRf W.LR°M[�.plratSY c G cwxwr ulFrvlm urW cus �,�`� r /` _ 1mr.pw �./ \ / �3 � •t Nu,soNH.uRax {tr.spn / � pw'a cx�.son os Jam^•?, t I L•R IN rxyn,4 twlNYlrr �.° 4 �y� E _su'n'nu�w "^lt• xrJ LEGEND GENERAL NOTES In•• BERIVARD°eS 1fi nS�n•u.in`�p.irlw:;ofGus� e.IPw4 gNexxUxll°n Nfan SinI.M•iartn IV •� w.rp•r.Onu4!]W Lrl�lbr140r lOp { ° •• +. / �� 1lMfC ll�xla•\pw �RKjySI prN4Vxll3y plM.MH�pfIp ON lnSr.+lw dr a —fi�11.°w n !!!�,/ N • vOunLL.6'O n[�wi1[IMrpPlp ! �J� `C Inv 'tl^ OWFAfr[Uy1M[xl ,.f/:�, x �«yutI KVYCI.IVAxsq NtllS xifwu f!t f :r iu l.;4i [srlvc tllwilvn.� t .u\uculllm w+ve (((/////////��,, N eu:awo.><wnlx.R loaxl — [RlHnrptl MaM Slw laHh CflkitaRp.ip Ml°UIfIUKiYW J/ [G NP1rf V,Vlpu[pe•'irK Nl.4lT rin4 p.uxwl MrMl dr r11tl 111 W.nrl•uGItyIN1ryMN I!$7-h//J lLxvRvtF r°\[.irpvF9 o.nnwa•.! SNF°IINI a 4x[°]erp C41M[Lx.•.IMs Nlyx!(1 6M r4. parvFwt•pr.tf CH[111011h nnrw IR r .I eNrla GlCRI[ERH41Ni Ip[wrµLNa11CSKOt 1p(C•nnvRgn .tt 5 g wor v<. r � - Rl C.aIX rp nuLW la°1.f4 AS 151 ^ w �_..__—.—..._..�....._.« ._ 141n•11 oe 8 8 am a ` IV.,I=17If urnaru k1 Walker Partners ��u� �� •'•^ engineers.sl.neyors j%•l4 �;stb }.5•• EK LA.GROWN :psG_wVOr I• ,. ... E.eAE 1A FREESE �= � "• ROADWAY PLAN AND PROFILE w:x4No _sa "�` osJ7aro71 PHASE 2 C.rRcw o N��p�' RAW WATER DELIVERY SYSTEM CI-25 p[XNMOr Wx "' WPf 191748 DATE El' F7H G.PAIA$OfA DATE: October 15, 2021 SUBJECT: BCRUA Board Meeting—October 20, 2021 ITEM: 5A. Consider a resolution authorizing the President to execute Supplemental Agreement No. 11 for BCRUA Phase 2 Raw Water Delivery System, Bid Phase Services with Walker Partners/Freese and Nichols Joint Venture. PRESENTER: Karen Bondy,General Manager BACKGROUND/JUSTIFICATION: The initial contract for the design of the Phase 2 Raw Water Delivery System Project, in the amount of $12,518,037, was awarded to Walker Partners/Freese and Nichols Joint Venture on November 28, 2018. Since that time ten supplemental agreements have been awarded that increased the compensation to $13,249,233. Supplemental Agreement No. 11 includes engineering services for providing bidding phase services for the Phase 2 Raw Water Delivery System Project. The Board voted to use the Competitive Sealed Proposal (CSP) delivery method for this project. Under competitive sealed proposals, changes in the nature of a proposal, and in prices, may be negotiated after proposals are opened.The project team will receive and evaluate proposals and make a recommendation to the Board to award the project as a single construction contract to the selected contractor. FUNDING: The total compensation for Supplemental Amendment No. 11 will not exceed $745,999 and will increase the total compensation for Lump Sum tasks to $13,995,121. Funding for this Supplemental Agreement for the City of Round Rock's portion will use Phase 1A project savings.The City of Leander's and the City of Cedar Park's portions will use BCRUA's 2018 SWIFT Loan bond funds.This contract exceeds the Board maximum limit of$500,000, and will therefore require separate consideration and approval by all three- member city councils, before final authorization to proceed can be issued. Staff and the Operations Committee (OC) have reviewed the attached amendment and exhibits, and recommend approval. Staff and representatives of Walker Partners/Freese & Nichols Joint Venture will be present at the Board meeting, and will be available to respond to any questions.